BRIAN MARTIN, APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF CORRECTIONS AND DIVISION OF RISK MANAGEMENT, APPELLEES
BRIAN MARTIN, APPELLANT,
STATE OF FLORIDA, DEPARTMENT OF CORRECTIONS AND DIVISION OF RISK MANAGEMENT, APPELLEES
890 So. 2d 1238
Florida District Court of Appeal, First District (2005)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
In this workers’ compensation case, we agree with the claimant, a former correctional officer for the Florida Department of Corrections, that, as a matter of fact and law, the date of his accident was October 24, 2002. Therefore, the claimant is entitled to the statutory presumption of compensability of his heart disease afforded by section 112.18(1), Florida Statutes (2002). Our conclusion on this point makes it unnecessary to address the remaining points raised. We reverse the final order of the judge of compensation claims denying and dismissing claimant’s claim for benefits, and remand for further proceedings consistent with this opinion and chapter 440.
REVERSED and REMANDED, with directions.
BARFIELD, WEBSTER and BROWNING, JJ., concur.
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Graymond Butler v. City OF Jacksonville, 980 So. 2d 1250 (Fla. 1st DCA 2008)…shown by competent evidence. The statute applies to workers’ compensation cases and provides for a presumption of compensability. See S. Trail Fire Control Dist. v. Johnson, 449 So. 2d 947, 947 (Fla. 1st DCA 1984); Martin v. State, Dep’t of Corr., 890 So. 2d 1238, 1238 (Fla. 1st DCA 2005); see also § 440.09(1), Fla. Stat. (2001) (prescribing that an employer must pay compensation or furnish benefits if an employee suffers an accidental injury or death arising out of work performed in the course and the scope…
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Talpesh v. Vill. OF Royal Palm Beach & Fla. Mun. Self Insured & Palm Beach Cnty. & Palm Beach Cnty. Risk Mgmt., 994 So. 2d 353 (Fla. 1st DCA 2008)…idence of any such condition. The statute applies to workers’ compensation cases and provides for a presumption of compensability. See S. Trail Fire Control Dist. v. Johnson, 449 So. 2d 947, 947 (Fla. 1st DCA 1984); Martin v. State, Dep’t of Corr., 890 So. 2d 1238, 1238 (Fla. 1st DCA 2005); see also § 440.09(1), Fla. Stat. (2005) (prescribing that an employer must pay compensation or furnish benefits if an employee suffers an accidental injury or death arising out of work performed in the course and the scope…