Vitali v. Osceola County Sheriff’s Office / Florida Sheriffs’ Risk Management Fund

HR Law Cases
JCC Anderson (Orlando)(Rex Hurley) (3-22-24)– Denied compensability of heart claim.  The claimant sought compensability of heart disease pursuant to the presumption under 112.18(1)(a).  For the presumption to apply, the claimant had to pass a preemployment physical exam upon entering his employment as a full-time law enforcement officer.  The claimant passed a preemployment physical in 1999 when he first began to work as a full-time law enforcement officer.  He voluntarily switched to a part-time, non-covered law enforcement position.  He returned to work as a full-time law enforcement officer in 2002.  The JCC found that the claimant did not qualify for the presumption under 112.18(1)(a) as he did not pass a physical exam upon entering into service as a full-time law enforcement officer.  The JCC focused on the fact that there was a gap of over 28 months between the preemployment physical and his returning to full-time law enforcement.   Click here to view Order