Victory on Appeal: Court Reinstates Benefits for Former Correctional Officer Under Heart-Lung Statute

We are proud to share a major legal win for our client, a former correctional officer with the Florida Department of Corrections (DOC), in a recent decision from Florida’s First District Court of Appeal. The case centers on Florida Statute §112.18, also known as the Heart/Lung Bill, and clarifies important protections for first responders.

The Background

Our client had a long career in law enforcement before retiring. He later returned to the workforce as a correctional officer for the State of Florida. Two years later, due to health concerns caused by stress and exhaustion from the job, he retired for the second time. Just four months after his retirement from the DOC, he suffered a serious cardiac event, atrial fibrillation, and filed a claim under the Heart/Lung Bill. Despite the date of accident occurring after our client had retired, the DOC accepted his condition as compensable and paid for medical care, including a cardiac ablation. However, they denied all indemnity (wage-loss) benefits, arguing his average weekly wage (AWW) was $0 because he was not technically employed on the date the cardiac event occurred. Our firm subsequently filed a claim for him, requesting payment of wage-loss benefits (temporary total disability benefits) and impairment benefits.

The Lower Court’s Error

The Judge of Compensation Claims (JCC) agreed with the DOC, reasoning that because our client wasn’t actively employed at the time of the cardiac episode and hadn’t worked in the 13 weeks prior to his date of accident, his AWW was zero. Accordingly, the JCC denied payment of temporary total disability benefits (TTD) and permanent impairment benefits (IIBs).

The Appellate Court’s Ruling

The First District Court of Appeal reversed the JCC in a major win for occupational disease claimants. The appellate court held that because the DOC accepted the claim under the Heart-Lung statute, the wages our client was making while he was still working (when he was still being exposed to the hazards and stressors which ultimately caused his cardiac event) should have been used to calculate his benefits, even though he was not on active payroll when the cardiac episode occurred.

Why This Matters

The Heart/Lung Bill states that law enforcement officers, correctional officers, and correctional probations officers are not entitled to the presumption of work-relatedness for their heart disease or hypertension “unless a claim for benefits is made prior to or within 180 days after leaving the employment of the employing agency.” Typically, this rule has been interpreted to mean that a claim for benefits for a date of accident that occurred while the employee was still employed must be made within 180 days after leaving employment.  While the First District Court of Appeal in this case did not explicitly state that claims for heart disease and hypertension may be made for dates of accident occurring up to 180 days after retirement (remember, in this case, the DOC voluntarily accepted the claim even though the date of accident occurred after our client’s retirement), this case certainly suggests that it is a possibility.  This case further confirms that where employers voluntarily accept claims with dates of accident occurring after the date of retirement, the employer is responsible for providing all available workers’ compensation benefits, including wage-loss benefits.

Bottom Line

Thanks to this appellate ruling, our client will now receive the benefits he rightfully earned through his public service. And more importantly, this decision strengthens the legal foundation protecting Florida’s first responders under the Heart/Lung Bill.

If you’re a law enforcement officer, firefighter, or correctional officer dealing with heart-related issues—or if your claim has been denied—contact our office. We fight to protect those who protect us.