In Litigation, News & Updates

Laura Wendell, as lead appellate counsel, along with Eric Stettin, secured from the First District Court of Appeal a significant workers compensation win.  Last week, the Court denied rehearing, certification and rehearing en banc on its decision which reversed a final compensation order on behalf of the City of Homestead.  The claimant had relied on the statutory presumption of compensability under the Heart-Lung Bill, by which a law enforcement officer whose medical condition is caused by heart disease is entitled to a presumption that his condition is compensable, provided that the officer successfully underwent a physical upon entry into his position as a law enforcement officer. The Court clarified unsettled law in rejecting the argument that the City had waived the statutory prerequisite and that a twenty-one month old physical examination sufficed.  Here is a link to the opinion-https://bit.ly/2L1djgy

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