"Essential Hypertension" Not Covered by "Heart-Lung" Bill; No Compensability Where No Disability
In Bivens v. City of Lakeland, decided on 10/2/2008, the First DCA addressed two issues concerning the proper construction of §112.18(1) and decided both of them in favor of the employer and against the firefighter. First, the court said that a firefighter's essential hypertension — high blood pressure with no known cause — is not a condition to which the presumption of compensability afforded by the statute was intended to apply. Second, the court held that the firefighter's microvascular angina — chest pain brought about by microvascular disease — was not compensable in this particular case because it did not result in any "disability." Although Bivens missed some time from work to undergo medical testing for the condition, he never missed any time because of any debilitating effects from the condition.
As of the date of this post, the court has granted the claimant's request for an extension of time within which to file a motion for rehearing en banc and/or for certification of the issues to the Florida Supreme Court, so the case is not yet final. We'll keep a sharp eye.
