SUDANO
v.
COLLIER COUNTY SHERIFF'S OFFICE
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The presumption under section 112.18, Florida Statutes, applies only if a preemployment physical examination was completed upon entry into the same category of service entitled to the presumption, and the claimant must affirmatively demonstrate passage of such an examination to qualify.
[1] To qualify for the statutory presumption under section 112.18, Florida Statutes, a claimant must affirmatively demonstrate passage of a preemployment physical examination…
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Join FLexlaw to unlock all legal intelligence“the presumption in section 112.18, Florida Statutes, only applies if a preemployment physical has been completed 'upon entry into such service' meaning entry into the same category of service as is entitled to the presumption in the statute”
Court's application of City of Homestead v. Foust standard
Brian Sudano appealed a decision from the Office of the Judges of Compensation Claims regarding a workers' compensation claim arising from an accident…
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October 30, 2024 PER CURIAM.
AFFIRMED. See City of Homestead v. Foust, 242 So. 3d 1169, 1171 n.3 (Fla. 1st DCA 2019) (holding that the presumption in section 112.18, Florida Statutes, only applies if a preemployment physical has been completed “upon entry into such service” meaning entry into the same category of service as is entitled to the presumption in the statute); see also City of Tavares v. Harper, 230 So. 3d 918, 920 (Fla. 1st DCA 2017) (“[T]o qualify for the presumption, Claimant was required to show, among other things, that he successfully passed a pre-employment physical examination.”). ROBERTS, BILBREY, and NORDBY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Kristine Callagy of Bichler & Longo, PLLC, Maitland, for Appellant. William H. Rogner, Orlando, for Appellees.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- City of Homestead/ Preferred v. Harley Foust, 242 So. 3d 1169 (Fla. 1st DCA 2018)
- City OF Tavares & Gallagher Bassett Serv., Inc. v. Harper, 230 So. 3d 918 (Fla. 1st DCA 2017)