Florida CFO makes case for revamping heart disease for presumptive law

Florida Chief Financial Officer Jimmy Patronis is asking the state’s 1st District Court of Appeal to revisit its definition of heart disease under a 2023 decision dealing with presumptive claims by first responders.

Mr. Patronis, who also serves as the state’s fire marshal, said in an amicus brief made public Wednesday that an appellate court’s recent definition of heart disease in a case where a first responder’s claim was denied is judicially constructed and contrary to legislative intent; improperly removes medical science and expert testimony from compensability determinations; usurps the factfinding function of workers compensation judges; produced unjust results that are unpredictable or delayed; and generates chaos for risk management in heart disease cases under Florida’s presumption law.

The law, enacted in 1965, presumes any condition or impairment caused by tuberculosis, hypertension or heart disease that results in total or partial disability arose out of employment for police, correctional officers and firefighters. The presumption applies only to workers who had no signs of the covered conditions during a pre-employment physical.

Mr. Patronis said in his brief that courts have accepted some claims and denied others under similar circumstances, and that revisiting the definitions of heart disease is warranted.

WorkCompCentral is a sister publication of Business Insurance. More stories here.