Legal Opinion

Fuller v. Okaloosa Correctional Institution

District Court of Appeal of Florida

Decided November 24, 2009No. 1D09-1166PublishedCited by 10 opinions

1Per curiam

Claimant, a corrections officer, challenges an order of the Judge of Compensation Claims (JCC) denying compensation for a cardiac condition. Claimant argues competent substantial evidence (CSE) does not support the JCC’s finding that the Employer rebutted the presumption of compensability provided for in section 112.18, Florida Statutes (2007), by showing a non-occupational cause of the condition. We agree and reverse.

Background

In 1995, prior to entering into service as a corrections officer with the Employer, Claimant suffered a fainting episode which required medical attention. Claimant was…

2Cases cited4 opinions

  1. Punsky v. Clay County Sheriff's OfficeDistrict Court of Appeal of Florida · 2009
  2. Talpesh v. Village of Royal Palm BeachDistrict Court of Appeal of Florida · 2008
  3. Lentini v. City of West Palm BeachDistrict Court of Appeal of Florida · 2008
  4. Fuller v. OKALOOSA CORRECTIONAL INST.District Court of Appeal of Florida · 2009

3Cited by10 opinions

  1. Scherer v. Volusia County Department of CorrectionsDistrict Court of Appeal of Florida · 2015
  2. City of Pembroke Pines v. OrtagusDistrict Court of Appeal of Florida · 2010
  3. Walters v. State-DOC/Division of Risk ManagementDistrict Court of Appeal of Florida · 2012
  4. Miami-Dade County v. Thomasena MitchellDistrict Court of Appeal of Florida · 2015
  5. State of Florida Department of Corr. v. Andrew JunodDistrict Court of Appeal of Florida · 2017

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