Scherer v. Volusia County Department of Corrections

Because I conclude that subparagraph 112.18(l)(b)4 renders Appellant ineligible for the presumption of occupational causation for both dates of accident, I respectfully dissent.

To be entitled to the rebuttable presumption of occupational causation in paragraph 112.18(l)(a), Florida Statutes (2013), which provides that a heart condition like Appellant’s is presumed to be the result of *141an accident in the line of duty, a claimant * is required under subparagraph 112.18(l)(b)4 to “make” a claim for benefits prior to or within 180 days after leaving the employment of the employing agency. The…