Legal Opinion

Miami-Dade County v. Davis

District Court of Appeal of Florida

Decided November 24, 2009No. 1D07-1073PublishedCited by 4 opinions

1Opinion of the CourtBenton, J.

Miami-Dade County appeals an order of the judge of compensation claims finding the County responsible for workers’ compensation benefits on account of William A. Davis’s heart disease, on the purported authority of section 112.18(1), Florida Statutes (2001). On the facts of the present case, which include the undisputed diagnosis of heart disease at the time of a preem-ployment physical, the judge of compensation claims erred in ruling Mr. Davis’s preexisting heart disease compensable. The statute gave rise to no presumption of compensability and, without the presumption, the facts rule out…

2Cases cited2 opinions

  1. Sledge v. City of Fort LauderdaleDistrict Court of Appeal of Florida · 1986
  2. City of Mary Esther v. McArtorDistrict Court of Appeal of Florida · 2005

3Cited by4 opinions

  1. Volusia County Fire Services v. TaaffeDistrict Court of Appeal of Florida · 2009
  2. City of Tavares v. HarperDistrict Court of Appeal of Florida · 2017
  3. City of Tavares and Gallagher Bassett etc. v. Billy HarperDistrict Court of Appeal of Florida · 2017
  4. Joshua Holcombe v. City of Naples/Johns Eastern Company, Inc.District Court of Appeal of Florida · 2021

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