Heart Lung Law Major Ruling

[Average Joe]

Below is an email received from Tonya A. Oliver, Esquire:

Union Leaders and fellow First Responders:

I have the pleasure of representing Mr. Rocha in his heart bill case that I lost at the JCC level and then appealed. The First DCA reversed the denial and found the Heart Claim compensable. This is going to be one of the most influential cases on the Heart Bill and it will be important to perfect any claims during this time. I have attached the case for your convenience to read however I would like to highlight the importance of this decision.

Mr. Rocha was participating in the City’s annual stress test; Blood pressure was high and the nurse told him he could not work until cleared (precautionary); he remained out of work for a short period of time due to the adjustment of medications.

Disability has traditionally been defined as in regards to the Heart Bill ---incapacity from performing your work duties.

The physicians testified the Claimant may have been able to work and was not disabled but restricted from performing his work duties..

The 1st DCA concluded that this is a gap case and there is space for a claimant whose body might retain the physical strength and coordination to perform his job duties for a time, but who has been officially advised by his doctor—vial medical work restrictions to avoid potential further injury or death meets the definition of disability.

It was a pleasure to serve Mr. Rocha. I am very fortunate to have such good clients.

Take care,
Tonya A. Oliver, Esquire

End of email'

Below is a link to the Rocha court ruling.

http://opinions.1dca.org/written/opi...12/11-6261.pdf

Rumors are flying that our State Legislators are going to severly limit the ability to collect from the Heart Lung Act that provides benefits to first responders.

Thank you for sharing this information. When retiring as a LEO I filed a claim under the "Heart & Lung" bill... Needless to say, my department's risk management pencil neck geeks opposed it. The Florida League of Cities will fight tooth and nail to not pay one red cent to brother officers who's bodies have be victimized by the stresses of being a LEO.

I'm glad to see that the pendulum may be swinging back to aid those officers in need of this important coverage.