Johns Eastern Co. v. Bellamy

Summary

The Florida First District Court of Appeal considered whether an employer and carrier rebutted the occupational causation presumption for a firefighter/paramedic’s hypertension and premature ventricular contractions under section 112.18(1)(a), Florida Statutes. The court held that the applicable burden depended on whether independent evidence supporting occupational causation had been accepted as credible, and remanded because the Judge of Compensation Claims did not clearly identify which burden of proof applied.

Holdings

1. The court affirmed, without further comment, the JCC's finding that the claimant satisfied the prerequisites for the occupational causation presumption afforded by section 112.18(1)(a), Florida Statutes (2011).
2. When a claimant relies solely on the statutory presumption and there is no independent medical evidence supporting occupational causation that has been accepted as credible by the JCC, the Employer/Carrier may rebut the presumption with competent evidence. Clear and convincing evidence is required only when evidence supporting the presumption has been accepted as credible by the JCC.
3. The JCC's order had to be reversed and remanded because it referenced both competent evidence and clear and convincing evidence without specifying which burden the Employer/Carrier had to meet, leaving it unclear whether the JCC improperly imposed the higher burden.

Questions Presented

1. Whether the claimant satisfied the prerequisites for the occupational causation presumption under section 112.18(1)(a), Florida Statutes (2011).
2. What burden of proof an employer or carrier must meet to rebut the section 112.18 occupational causation presumption when the claimant relies solely on the presumption and no independent medical evidence supporting occupational causation has been accepted as credible.
3. Whether the JCC's order had to be reversed and remanded because it referenced both competent evidence and clear and convincing evidence without identifying which burden the Employer/Carrier was required to meet.

Disposition

reversed_and_remanded