Firefighter is "Disabled" Even Though Employer Continued to Pay Wages
An "occupational disease" becomes compensable under the Florida Workers' Compensation Act only when the condition becomes "disabling," either totally or partially, not necessarily when the disease is merely diagnosed. What if a firefighter diagnosed with hypertension which is compensable because of the presumption afforded by the "Heart-Lung" bill (§112.18, Fla. Stat.) misses a few days of work because of the condition, but the employer elects to pay his full salary for those days? Is he still "disabled?"
Yes, said the First DCA in City of Kissimmee v. Simpson, decided on 8/31/2007, in which it affirmed this order from the JCC, and in which it relied upon its earlier decision in City of Mary Esther v. McArtor which held the same.
