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Heart and Lung Statute Representation

Florida’s Law Enforcement Officers, Firefighters, Correctional Officers & Park Rangers/Firefighters, collectively referred to as First Responders, are trained to be prepared for dangerous, hazardous, and stressful situations. Under Florida’s Heart & Lung Statute or Law, these First Responders may be entitled to benefits if they have developed heart disease, high blood pressure (hypertension) or tuberculosis while employed. At the law firm of Martin L. Leibowitz, P.A., we help you get the Workers’ Compensation benefits you deserve.

Medical Conditions Commonly Suffered by First Responders

First Responders are subject to a variety of mental and physical demands which put them at a high risk of becoming injured or debilitated while on the job. As a result of these nerve-racking situations, many first responders develop a variety of medical conditions including:

1.) Heart Disease (Coronary Artery Disease and other heart related conditions)
2.) High Blood Pressure, also known as “Hypertension”
3.) Mental or Nervous Injuries
4.) Diabetes
5.) Tuberculosis (TB)
6.) Hepatitis
7.) Meningitis
8.) Chronic back, knee, or shoulder pain
9.) Breathing disorders
10.) Allergies
11.) Hearing loss, and
12.) Several other conditions resulting in total or partial disability.

Under the Florida Heart & Lung Statute or Law, many of these conditions are presumed to have been accidental and to have been suffered in the line of duty. This “Presumption” for Florida’s Law Enforcement Officers, Firefighters, Correctional Officers & Park Rangers/Firefighters, is contained within Sections 112.18, 112.181, and 112.1815 of the Florida Statutes, also known as the Heart & Lung Statutes.

Unfortunately, while the Florida legislature has specifically deemed these conditions to be “work related,” insurance companies and employers either mistakenly or intentionally deny legitimate claims for relief. At the Law Firm of Martin L. Leibowitz, it is our goal to solve these problems and secure those benefits to which you are rightfully entitled.

Wrongfully Denied Claims

Employers and insurance carriers often wrongfully refuse to pay injured first responders the benefits to which they are rightfully owed. Many of these wrongful denials are due to the fact that work related medical conditions or injuries may take weeks, or even years, to surface. In these situations, the insurance carrier (department of risk management) will often argue that your symptoms are due to an on-the-job injury. Although this is a common mistake, it is important that you contact an attorney, familiar with the complexities of the heart-lung statute, to resolve the issue with your employer’s insurance carrier.

Sample Case Outcomes:

Lancaster vs. State of Florida-Department of Children and Family Services and Division of Risk Management
JCC Case Number:  06-027849
Outcome: After trial, Injured Employee won on all issues.
Baldwin vs. Department of Corrections and Division of Risk Management
JCC Case Number:  07-006161
Outcome: Prior to trial, Defendant provided all benefits
Stanley vs. Department of Corrections and Division of Risk Management
JCC Case Number:  07-008077
Outcome: After trial, Injured Employee won on all issues.
Bradley vs. State of Florida, Department of Agriculture, Division of Forestry, and Division of Risk Management
JCC Case Number:  10-019606
Outcome: Prior to trial, Defendant provided all benefits.

Free Comprehensive Guide to Florida’s Heart-Lung Presumption

At the Law Firm of Martin L. Leibowitz, we have written an extensive guide for First Responders, which outlines the complicated process associated with filing a claim under the Heart-Lung Presumption. The guide provides a detailed explanation of the claims process as well as an array of information which will enable you to assess the strength of your potential claim. By requesting this informative book, you will be taking the first step toward securing the benefits to which you are entitled. Please contact us to access to this free, no obligation electronic book.

Call Us Today: 904.384.8878