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First Responder Representation

Judge Rules in Favor of First Responder in October 2007

First Responder Representation

A First Responder's Job is Both Crucial and Dangerous

Florida First Responder law enforcement officers/police, firefighters and correctional officers are trained to be ready whenever the public is in need. Your quick response is crucial in helping injured parties and in preventing further injuries at the scene. Your job is dangerous, and even the best training and equipment cannot protect you from the perils associated with being the first person to arrive at the scene.

The job of a Florida First Responder is Dangerous, Hazardous and Stressful. First Responders are exposed to hazardous situations daily.

As a result of these stressful situations, many first responders develop heart disease (including coronary artery disease) and/or hypertension, mental or nervous injuries, diabetes, hearing loss, and other conditions or impairments of health resulting in total or partial disability. These conditions sometimes result in the need for heart catheterization, angioplasty and stenting of the arteries. Under the Florida Heart Lung Law, these conditions are presumed to have been accidental and to have been suffered in the line of duty. This "Presumption" for first responders is contained within Section 112.18 of the Florida Statutes, also known as the Heart Lung Statute. There are actually 3 presumption statutes (Sections 112.18, 112.181 and 112.1815, Florida Statutes) -- not just the one Heart Lung Law that most of Florida's First Responders are familiar with.

First Responders also often contract Tuberculosis (TB), hepatitis, and meningitis as a result of providing assistance to injured citizens in need of help. Others suffer chronic back, knee and shoulder injuries while responding to vehicular accidents, crime scenes and natural disasters, and develop breathing disorders, allergies and even skin conditions as a result of exposure to chemicals or other substances, and responding to chemical fires, industrial spills, or meth labs.

As a first responder you know the hazardous situations you are exposed to on a daily basis. These can include anything from:

-Vehicular Accidents
-Violent Crime Scenes
-Natural Disasters
-Industrial Spills and Accidents
-Terrorist Attacks
-Methamphetamine Laboratories

Although these conditions are legally work related, in many cases employers and workers' compensation insurance companies wrongfully refuse to pay the workers' compensation benefits rightfully owed to injured police, firefighters, including volunteer firemen and police officers, correctional officers, and correctional probation officers.

Your safety should be of the utmost concern to you and your department/employer. If you are injured or suffering from high blood pressure, heart disease or Tuberculosis, you will not be in a position to respond quickly and save lives. Often, work injuries can take weeks or years to surface and your employer, or your employer's workers' compensation insurance company/Division of Risk Management, may deny that the symptoms you are experiencing are due to an on-the-job injury. Sometimes, your injury claim is denied or is just not sufficient to cover your damages or losses.

Many employers, including the State of Florida itself, and their workers' compensation insurance companies, including Florida’s Division of Risk Management, are wrongfully refusing to pay the benefits that are rightly owed, or simply refuse to pay the correct benefits. Far too many First Responders are misinformed, or not informed at all, about the Heart Lung Statute Presumptions, the burning of unnecessary Sick Leave rather than being granted Disability Leave, the reimbursement of hospital and doctor bills improperly paid under your Group Insurance Policy, unfairly reducing your lifetime health insurance entitlement, your obligation to report your condition to your and the time you are granted to do so by Florida Statutes, or the interaction between workers' compensation benefits, pension benefits and Social Security benefits.

Stress and Mental Trauma can be Debilitating and Lead to Heart Disease

Aside from the multitude of bodily injuries you may sustain as a first responder firefighter or law enforcement officer, the stress and emotional trauma associated with your job can be profound. The scenes a first responder comes across are often violent and tragic. Images from the scene may haunt a police officer or firefighter, even those with extensive experience and training in dealing with horrific accidents and attacks. The long term repercussions may include anger, sleeplessness, abuse of drugs or alcohol, a loss of interest in relationships with family and friends, and even high blood-pressure, hypertension, heart disease, and Tuberculosis. Unfortunately we see too many correctional officers, police officers and firemen struggling to cope with symptoms of high blood-pressure, hypertension and coronary artery disease because they are under the mistaken assumption that it is "all part of the job". Don't make this mistake.

Martin L. Leibowitz and Nancy L. Cavey have written a book just for First Responders based on our extensive experience in handling First Responders’ claims to help you understand your rights to workers' compensation benefits, what to do before you stop working, the claims process and frequently encountered problems. For a free no obligation copy of our book "Florida’s First Responder Heart/Lung Benefits: What You Need to Know", contact:

Martin Leibowitz at                     (727) 894-3188, or
Nancy Cavey at                         (904) 384-8878
http://www.caveylaw.com/

Do I need a lawyer and how do I get my questions answered?

By ordering our informative book, you have taken the first step toward securing the benefits to which you are entitled. The next, and most important step, is to call

Martin Leibowitz for Jacksonville area cases at               (904) 384-8878        or
Nancy L. Cavey for Tampa Bay area cases at                (727) 894-3188

to set up your First Responder Rights Analysis. You will be guided through this complex legal and insurance process. You will gain the knowledge and assistance you need to secure the benefits you are due and learn how these benefits interact, so you can get the maximum benefits to which you are legally entitled. This one-on-one meeting is free, and without obligation. You can then decide if you need a lawyer to help you with your case.

I accept only a limited number of cases. This allows me to devote my efforts to assisting you in the claims process as early as possible, and to address any potential roadblocks to your claim. Ordering our free book and scheduling a free, no-obligation First Responder's Rights Analysis are the first right steps for all First Responders.

What’s next?

Your time is precious and should be spent getting the one-on-one attention that only an experienced lawyer can provide.  If you want to receive the lost wage compensation and medical treatment to which you are entitled, contact The Law Firm of Martin L. Leibowitz, P.A. at (904) 384-8878. You will receive a personal consultation at no charge to determine what your legal options are.

New Standards for First Responders Reflect Possible Terrorist Attacks

Each of these scenarios carry with them inherent risks, and each requires a high level of skill and many hours of training to ensure that you are ready for anything. Recent standards for emergency responders are aimed at helping increase the chances that you will safely make it out of a dangerous situation. The standards, which were recently announced by The National Fire Protection Association (NFPA) and the U.S. Department of Homeland Security (DHS), are aimed at ensuring that these first responders have up-to-date training and certifications, that they have access to and the knowledge of new equipment, and that they are safe and healthy while performing their crucial duties.
What if I have been injured on the job and my claim has already been denied?

When your claim is denied or underpaid, you need an experienced attorney to fight for your rights under the workers' compensation law, including your heart disease, high blood pressure, and/or Tuberculosis under the Florida Heart Lung Law or First Responder Law. With over 25 years of experience, Martin L. Leibowitz has proven time and again that he will fight for your workers' compensation, first responder rights, and secure the lost wages and medical benefits you deserve. You will receive the personal attention that his law firm is known for and will not be treated like a number. Your line of work is demanding and often dangerous. At The Law Firm of Martin L. Leibowitz, P.A., we understand and appreciate your situation. We will do our best to represent you and ensure that your rights are being protected and you are receiving the benefits to which you are entitled.

Library for First Responder Representation:

Wider Cholesterol Use May Save Lives [PDF]
Description: NEW ORLEANS - People with low cholesterol and no big risk for heart disease dramatically lowered their chances of dying or having a heart attack if they took the cholesterol pill Crestor, a large study found.The results, reported Sunday at an American Heart Association conference, were hailed as a watershed event in heart disease prevention
Job Strain and Risk of Recurrent Coronary Events - JAMA [PDF]
Description: MOST MEN AND WOMEN SPEND A MAJOR PART OF their lifetime at work. Although their immediate reason for working is usually to earn their daily living, many have further aspirations for their careers. These may concern content of the job, satisfaction with and gratification from the job, career achievement, and personal development. Failure of fulfilling any of these goals on the job may lead to feelings of chronic stress.
In work-related theory, a job is characterized as stressful when it is high in psychological demand and low in personal control. Demand has been defined as an intense work pace, and control has been defined as the combination of authority over decisions and opportunities to develop personal skills. Demands may be healthy as long as one can say yes or no to them. If authority over decisions and opportunities for skills development are insufficient, chronic adaptation to a job strain situation may lead to illness.1 Job strain is present when demand is too high and control is too low.
Job Strain and Risk of ACUTE Recurrent Coronary Heart Disease Events - JAMA [PDF]
Description: Some evidence suggests that jobs with high psychological demands and low decision latitude—components related to job strain—increase the risk of a first coronary heart disease (CHD) event. However, whether job strain is associated with recurrent CHD events is not clear. Aboa-E´ boule´ and colleagues assessed this relationship in a prospective cohort study of persons who returned to work after a first myocardial infarction. The authors found that persons who reported high job strain at 6 weeks and 2 years following their return to work had a significantly increased risk of a new CHD event compared with persons who did not report high job strain at 1 or both interviews.
Zetia & Vytorin Ineffective [PDF]
Description: A new study revealed that not only did Zetia fail to slow the accumulation of fatty plaque in the arteries, it actually seemed to contribute to plaque formation in arteries. Millions of patients may be taking a drug that does not benefit them, raising their risk of heart attacks and exposing them to potential side effects. This news is important to all heart disease and hypertension patients, including Florida's law enforcement officers, firefighters, and correctional officers, and first responders suffering from these conditions in general.
Ejection fraction...What does this term mean? [PDF]
Description: The following article gives a general outline of Heart Disease with a discussion of High Blood Pressure. The article continues with a thorough overview of Ejection Fraction. Ejection fraction measures effective heart pumping action. It refers to the percent of the blood in a heart chamber, usually the left ventricle, that is "ejected" when the ventricle contracts. A normal ejection fraction is between 55 percent and 70 percent. Numbers below 35 percent usually indicate a significant problem and are associated with a poorer prognosis. Ejection fraction can be measured different ways. It is not the sole predictor of severe heart problems, but it is a good benchmark.
High Cholesterol Risk Factors [PDF]
Description: This article discusses the different Risk Factors associated with High Cholesterol, including Heredity, What you eat, Weight, Physical Activity/ exercise, Age and Sex, Alcohol, and Stress.
Depression May Not Cause Heart Problems
Description: The following is an article addressing the common misconception that depression is a direct cause of Heart Problems and High Blood Pressure. It is important for all First Responders, Law Enforcement Officers, Correctional officers, Emergency Medical Technicians (EMTs) and even volunteer Law enforcement officers and volunteer firefighters to read this article, as these occupations are often characterized by a great deal of mental distress, sometimes even leading to Post Traumatic Stress Disorder and long term ailments.
New guidelines address care, treatment for heart attacks
Nuclear reactor woes delay medical tests
Holiday Heart Disease [PDF]
Description: This article discusses the dangers of Heart Disease, especially during the holidays.
Diabetes Signs [PDF]
Description: This article discusses the strong ties between Diabetes and stroke. Diabetes also has a strong correlation with Heart Disease and ultimately Heart attack. If you are a First Responder, Law Enforcement Officer, Correctional officer, Emergency Medical Technician (EMT) or a volunteer Law enforcement officer or a volunteer firefighter, and you have Diabetes, you should read this article.
Diabetes and Heart Disease: A fatal link
Description: The following article addresses the link between diabetes and Heart Disease among Americans. All First Responders, Law Enforcement Officers, Correctional officers, Emergency Medical Technicians (EMTs) and even volunteer Law enforcement officers and volunteer firefighters, should read this article, as it closely relates to these high stress, high impact occupations.
Effect of Statin Drugs on Heart Disease
Description: The following article discusses the effect of Statin drugs on Heart Disease. Although these drugs may sometimes help in reducing one’s Heart problems, this article is important as it provides one with an overview of how these drugs can otherwise affect the body.
Does the Workers' Comp System Need a Prescription Change? [PDF]
Description: The following is an article discussing Workers’ Compensation Law; which is a specific type of law that surrounds one’s disability obtained while on the job. If one suffers a disability while on the job, he/she may be entitled to have lost wages and medical benefits covered by their employer if all criteria are met including being a member of the protected class, undergoing a clean pre-employment physical examnation, and developing a protected condition during the course of your career. If this situation sounds familiar you need to speak with an experienced hands on workers’ compensation lawyer in your area.
Angioplasty and Stenting - Cedars-Sinai Heart Center [PDF]
Description: Coronary angioplasty is a nonsurgical treatment for blocked or narrowed passages in one or more of the coronary arteries. This procedure allows a normal supply of blood to flow through the heart muscle. Angioplasty can be done in several ways, depending on the type of plaque, size and shape of the artery including...
Section 943.10, Florida Statutes effective 01/07/2003 [PDF]
Section 943.13, effective 10_01_2007 [PDF]
Section 112.18, Florida Statutes, effective July 1, 2002 [PDF]
Description: This is THE Heart Lung Presumption Law.
Section 112.1815, Florida Statutes, effective June 8, 2007 [PDF]
Description: Florida Statute, Section 112.1815, outlining a portion of the new Florida First Responder Law.
New First Responder Bill - Florida Statute Section 112.1815, Effective June 8, 2007 [PDF]
Description: The bill defines “first responder” to include a law enforcement officer, a firefighter, an emergency medical technician or paramedic, and a volunteer firefighter. The bill provides the following changes in workers’ compensation benefits for first responders:

• Lowers the standard of proof and other requirements for compensability for toxic substance exposure, occupational disease, repetitive exposure, and mental or nervous injury.

• Authorizes payment for medical benefits only in cases involving a mental or nervous injury without an accompanying physical injury.

• Eliminates the six-month limitation on temporary total disability benefits for compensable mental or nervous injuries after a first responder reaches maximum medical improvement and the one percent limitation for permanent impairment benefits for psychiatric impairment.

• Provides that any adverse result or complication caused by a smallpox vaccination is deemed to be an injury arising out of work performed in the course and scope of employment.

• Extends the payment of permanent total disability supplemental benefits beyond age 62 for first responders that were employed by a public employer that did not participate in the social security program whether or not the employer provided an alternative retirement program. Currently, the permanent total benefits and supplemental benefits generally end at age 75 and 62, respectively.

This bill creates section 112.1815 of the Florida Statutes.
Chart of Threshold Requirements to Secure Section 112.18, FS Presumption [PDF]
Description: This is an organizational chart outlining Florida Statute Section 112.18. This statute identifies the threshold requirements for firefighters, law enforcement officers, correctional officers, and emergency medical technicians (EMTs). These disabilities can include anything from Heart Disease, Hypertension, and Tuberculosis.
Chart of Emergency Rescue & Public Safety Threshold Requirements under Section 112.181, FS [PDF]
Description: The following is an organizational chart outlining, Section 112.181 of the Florida Statutes. The chart further identifies the necessary threshold requirements firefighters, law enforcement officers, correctional officers, emergency medical technicians (EMTs), all other first responders, and those with quick response times must show in order to prove a disability. These disabilities may also include Hepatitis, Tuberculosis, and even Meningococcal Meningitis, any of which, may result in the sudden loss of earnings.
Chart of Protected Conditions under Section 112.181, FS [PDF]
Description: The following chart outlines the conditions covered for Florida's First Responders including firefighters, law enforcement officers, correctional officers, and emergency medical technicians (EMTs). These conditions include Hepatitis, Meningococcal Meningitis (MCM), and Tuberculosis.
Chart of Protected Conditions under Section 112.1815, F.S. [PDF]
Description: This chart outlines the different disabilities and protected conditions/classes associated with Florida's First Responders. These first responders could include: firefighters, volunteer firefighters, law enforcement officers, volunteer law enforcement officers correctional officers, emergency medical technicians (EMTs), and volunteer emergency medical technicians. These protections come under Section 112.18 of Florida Police Law, Florida Firefighter law, Florida First Responder Law, and Florida Workers’ Compensation Law. Some of these long term ailments may include an adverse reaction or complication to a smallpox vaccination, a mental or nervous injury caused by a physical injury, a mental or nervous system injury not caused by a physical injury, or even being exposed to toxic chemicals.
Cumulative Chart of Firefighter and Law Enforcement Officer Threshold Requirements [PDF]
Description: This is a dual organizational chart identifying the threshold requirements and necessary elements that firefighters, certified law enforcement officers, and correctional officers, must show to prove a disability under Florida Law. This chart focuses on Heart Disease, Hypertension, Tuberculosis, Hepatitis, and Meningitis.
Chart of First Responder Protected Conditions under Section 112.18, F.S. Presumption [PDF]
Description: The following chart outlines the different disabilities Florida First Responders are legally protected against. Florida First Responders include: firefighters, law enforcement officers, correctional officers, emergency medical technicians (EMTs) or any other first person on the scene.
New First Responder Bill - Florida Statute Section 943.13, Effective October 1, 2007 [PDF]
Description: This bill which became law on October 1, 2007 requires a law enforcement officer, correctional officer, or correctional probation officer pass a pre-employment physical examination with the employing agency by whom he/she is employed at the time of the accident. Use of a physical examination from a former employer is no longer sufficient.