Hilcken v. Martin County Sheriff’s Office / Florida Sheriffs Risk Management Fund

JCC Johnsen (West Palm Beach) (Rex A. Hurley) (5-8-2026) – Denied statutory presumption and  compensability of heart disease. The claimant was hired as a correctional officer in 2003. He had a pre-employment health exam, which showed no evidence of heart disease. In 2004, he became dual-certified as a correctional officer and a law enforcement officer. In 2009, he became a law enforcement officer. He did not undergo a physical before starting as a law enforcement officer. In 2024, the claimant suffered AFib. The E/C denied a claim for benefits under the section 112.18 presumption, asserting that AFib was not heart disease under the law and no preemployment physical exam was performed. The parties agreed that the requirements of class and disability were met. The JCC agreed with the opinion of Dr. Siddiqui (claimant’s IME) over that of Dr. Perloff (E/C’s IME) and found that AFib met the definition of heart disease as described in Harlem. However, the JCC followed Sudano and Foust, finding that the claimant did not have a preemployment physical when he entered into service as a law enforcement officer. The JCC denied all claimed benefits.  Click here to view Order