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Understanding the Presumption: Breaking Down Florida Statute 112.18

Posted by Paolo Longo | Bichler & Longo | June 2025

When Florida’s first responders face serious health conditions like heart disease or hypertension, their careers—and lives—can change in an instant. But fortunately, Florida law provides a powerful legal protection for many of them: the presumption under Florida Statute 112.18.

This post summarizes the law—perfect if you prefer to read or want to share key takeaways with your team.

What Is Florida Statute 112.18?

Commonly called the Heart Bill,” F.S. 112.18 was created to help first responders who develop certain health conditions due to the immense stress of their jobs. It creates a rebuttable presumption that tuberculosis, heart disease, or hypertension are job-related—if specific conditions are met.

In workers’ comp and pension cases, this shifts the burden of proof from the first responder to the employer or insurance company. That’s a huge advantage.

Who Qualifies for the Presumption?

The statute applies specifically to:

There are also related statutes—like 112.1815 and 112.1816—that extend presumptions to EMTs, paramedics, and some cancer diagnoses, but this episode focuses solely on 112.18. To trigger the presumption, you must be:

  • A full-time active first responder in one of the categories listed above
  • Diagnosed with one of the covered conditions (tuberculosis, heart disease, hypertension)
  • Able to show that a pre-employment physical exam revealed no evidence of those conditions at the time of hire
  • Missed some time from work (or even be put on light duty) due to the condition.

The 4 Key Elements of a Presumption Claim

Here’s what you need to prove to trigger the presumption under F.S. 112.18:

  1. Qualifying Employment

You must be a current full-time first responder in one of the eligible roles. Retirees or part-time employees are generally not covered.

  1. Diagnosis of a Covered Condition

Covered conditions include:

  • Heart disease (e.g., heart attack, coronary artery disease)
  • Hypertension (requiring treatment)
  • Tuberculosis
  1. Pre-Employment Physical (PEP)

Before starting the job, you must have passed a physical that showed no signs of the covered conditions. This is one of the most litigated parts of a claim.

  1. Disability –You either have to miss some time from work, or be placed on light duty due to the covered condition. Hospital stays or ER visits due to the condition are generally accepted. Even being placed on light duty by a doctor or even your employer will suffice.

What Happens After the Presumption Is Triggered?

Once you’ve met all the elements, the burden shifts to the employer or their insurance carrier to prove that your illness is not job-related. And that’s not easy. They can’t rely on vague factors like family history or lifestyle alone—they must produce competent, substantial evidence of an unrelated cause.

That’s where many denials fall apart—and where having experienced legal representation is critical.

Why You Still Need a Lawyer

Even though F.S. 112.18 offers powerful protections, claims still get denied regularly. Employers often challenge:

  • Whether the condition is “heart disease” under the statute
  • The completeness of the pre-employment physical
  • Alternative causes (like weight, smoking, or stress at home)

At Bichler & Longo, we’ve handled thousands of these cases all over Florida. We know how to protect your presumption—and how to secure your workers’ comp when it matters most.

Final Thoughts

Florida’s presumption laws are a recognition of the risks our first responders take every day. But knowing how to use them—and how to defend them—requires experience and vigilance.

If you’re a first responder facing a serious health condition, don’t face it alone. Contact us at Bichler & Longo for help.

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