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Court Rules in Favor of Officer’s Heart Bill Claim

Bichler & Longo is proud to announce a significant win for one of our clients, a dedicated law enforcement officer with the City of Miami Police Department, who was denied workers’ compensation benefits for hypertension despite meeting the legal requirements of Florida’s Heart/Lung Bill (Section 112.18, Florida Statutes).

Case Background

Our client, a full-time police officer since 2008, experienced sudden symptoms of leg pain, chest tightness, and elevated blood pressure while off duty in June 2023. He was hospitalized and diagnosed with hypertension. Initially, the employer and its insurance carrier accepted the claim under Florida’s 120-day rule and authorized treatment but later denied the claim. They argued that the officer’s hypertension was caused by non-work-related conditions specifically, morbid obesity and sleep apnea based on the opinion of the workers comp doctor hired by the City.

The Legal Battle

Our position was clear: under the Heart Bill, when a first responder develops hypertension and has passed a qualifying pre-employment physical, the law presumes the condition is work-related unless the employer can present competent evidence showing otherwise.

The employer tried to rely on their expert’s opinion to rebut the presumption, but we challenged the admissibility and reliability of his testimony. We argued that his opinions were speculative, not supported by consistent medical evidence, and failed to meet the legal standards required under Florida’s Daubert rule for expert testimony.

In contrast, we presented the testimony of our own expert, a board-certified cardiologist, who reviewed the full medical record and concluded that the officer’s hypertension was essential hypertension (a type with no known cause) and that non-occupational risk factors like obesity and sleep apnea were not sufficient to rebut the statutory presumption.

Court Ruling

The Judge of Compensation Claims ruled in our favor on all issues. The Court found:

  • Our client met all the requirements under Section 112.18, including passing a pre-employment physical
  • The employer failed to present competent medical evidence to overcome the presumption that our client’s hypertension was caused by his work.
  • The employer’s expert contradicted his own diagnosis (stating both “secondary” and “essential” hypertension) and failed to reliably link non-occupational causes as the sole contributor to the condition.
  • Our client was entitled to full benefits, including ongoing medical treatment with a cardiologist, income impairment benefits based on an 11% permanent impairment rating, and payment of our attorney’s fees and costs.

Its Relevance

This ruling is a strong reaffirmation of Florida’s Heart Bill protections for First Responders. It emphasizes the high burden employers must meet to deny benefits under the presumption statute and reinforces the importance of legal representation when those benefits are wrongly withheld.

If you are a First Responder and facing challenges with a claim under the Heart Bill or any workers’ compensation issue, we’re here to help. We proudly stand with Florida’s First Responders!

Contact Bichler & Longo today for a free consultation.

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