Court rejects findings of no earnings on compensable heart and lung claim

A Florida appeals court rejected the findings of a compensation claims judge that a correctional officer who experienced heart troubles four months after he retired had a compensable occupational disease claim but was entitled to only medical benefits.

The 1st District Court of Appeal said Michael Guglielmo’s average weekly wage should be calculated based on his earnings while he was working for the Department of Corrections, not his work status when he became disabled, according to Michael Guglielmo v. State of Florida Department of Corrections et al.

Mr. Guglielmo started working as a correctional officer at the Zephyrhills Correctional Institution after he retired from a 23-year career as a police officer. He resigned in March 2021, citing health concerns relating to the stress of the job and long hours he had to work because of alleged understaffing. He was making $673.20 per week when he resigned.

In July 2021, he experienced heart palpitations and was diagnosed with atrial fibrillation. He reported his heart condition to the Department of Corrections and listed the date of the accident for a work comp claim as July 16, 2021.

DOC accepted the claim under the state’s “Heart-Lung statute” and authorized medical care. The law creates a rebuttable presumption that heart disease is accidental and arose from employment for law enforcement officers who satisfy certain prerequisites.

Mr. Guglielmo filed petitions for benefits in April and June 2022, requesting medical and indemnity benefits, including temporary total disability, temporary partial disability, personal income benefits, penalties, interest, costs and attorney fees.

The Department of Corrections, in response to the first petition for benefits, agreed to provide medical benefits but said he was not entitled to indemnity benefits because he was never placed on no-work status.

A judge of compensation claims found that Mr. Guglielmo was eligible for five days of temporary total disability benefits for the days he was in the hospital in December 2021 and February 2022. The judge also determined that he was eligible for personal income benefits with an 11% permanent impairment rating.

However, while Mr. Guglielmo was eligible for the benefits, the judge said he was not entitled to anything because his average weekly wage was $0 and he was not a Department of Corrections employee in the 13 weeks before the accident.

Mr. Guglielmo appealed, arguing that the judge erred by concluding he was not an employee on the date of the accident because he was not receiving wages and that he was not entitled to benefits because his average weekly wage was $0. He also disputed the determination that he was eligible for only five days of TD benefits.

The 1st District Court of Appeal affirmed the finding that Mr. Guglielmo was entitled to five days of indemnity benefits and agreed that his wages were wrongly calculated and that he is entitled to indemnity benefits.

The appellate court said that by accepting the claim under state law, the Department of Corrections conceded that Mr. Guglielmo was a covered correctional officer, that he contracted heart disease and suffered disablement as a result.

“DOC cannot have it both ways — accepting compensability of the injury as resulting from the hazardous exposure of its work environment, but then asserting that on the date of disability … the claimant was not an employee,” the court said.

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