Case Law Update July 2025
| Guglielmo v. State of Fla.-Doc Zephyrhills C I/ Div. of Risk Mgmt. (Fla.1st DCA 7/30/25) Presumption Claims/Date of Accident/AWW The DCA reversed the JCC’s holding in this presumption case which found that although the claimant was eligible for five days of TTD and IBs at an 11%, he was due no benefits because his AWW was zero, as he was not an employee on the date of accident. The claimant worked for the Department of Corrections (DOC) for almost two years before voluntarily resigning in March 2021 due to health concerns. At the time of resignation, he was earning $673.20 per week. Approximately 119 days after leaving employment, he experienced heart palpitations and was diagnosed with atrial fibrillation. The DOC accepted the claim as compensable under the F.S. s. 112.18 and authorized a cardiac ablation on 12/16/21. He later experienced complications requiring that he be hospitalized for four days in February. The claimant sought TTD for the period he was hospitalized, and IBs. The JCC denied the requested benefits based on the fact that he was not an employee on the date of accident. The DCA noted that when an employer accepts compensability under the “heart-lung statute” it concedes that all statutory requirements were satisfied, including that the claimant was a covered employee. The DCA stated that in occupational disease claims, the relevant wages for AWW calculation are those earned during the period of injurious exposure, not on the date the condition manifests as disability. A separate opinion noted TTD should have been denied because the claimant did not incur at least seven days of disability Click here to view Opinion |