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Florida Statute 112.18 | Lawyer Caselaw & Research
F.S. 112.18 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS
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F.S. 112.18
112.18 Firefighters and law enforcement or correctional officers; special provisions relative to disability.
(1)(a) Any condition or impairment of health of any Florida state, municipal, county, port authority, special tax district, or fire control district firefighter or any law enforcement officer, correctional officer, or correctional probation officer as defined in s. 943.10(1), (2), or (3) caused by tuberculosis, heart disease, or hypertension resulting in total or partial disability or death shall be presumed to have been accidental and to have been suffered in the line of duty unless the contrary be shown by competent evidence. However, any such firefighter, law enforcement officer, correctional officer, or correctional probation officer must have successfully passed a physical examination upon entering into any such service as a firefighter, law enforcement officer, correctional officer, or correctional probation officer, which examination failed to reveal any evidence of any such condition. Such presumption does not apply to benefits payable under or granted in a policy of life insurance or disability insurance, unless the insurer and insured have negotiated for such additional benefits to be included in the policy contract.
(b)1. If a firefighter did not undergo a preemployment physical examination, the medical examination required by s. 633.412(5) shall be deemed to satisfy the physical examination requirement under paragraph (a), if the medical examination completed pursuant to s. 633.412(5) failed to reveal any evidence of tuberculosis, heart disease, or hypertension.
2. If a firefighter underwent a preemployment physical examination, the employing fire service provider, as defined in s. 633.102, must maintain records of the physical examination for at least 5 years after the employee’s separation from the employing fire service provider. If the employing fire service provider fails to maintain the records of the physical examination for the 5-year period after the employee’s separation, it is presumed that the employee has met the requirements of paragraph (a).
(c)1. For any workers’ compensation claim filed under this section and chapter 440 occurring on or after July 1, 2010, a law enforcement officer, correctional officer, or correctional probation officer as defined in s. 943.10(1), (2), or (3) suffering from tuberculosis, heart disease, or hypertension is presumed not to have incurred such disease in the line of duty as provided in this section if the law enforcement officer, correctional officer, or correctional probation officer:
a. Departed in a material fashion from the prescribed course of treatment of his or her personal physician and the departure is demonstrated to have resulted in a significant aggravation of the tuberculosis, heart disease, or hypertension resulting in disability or increasing the disability or need for medical treatment; or
b. Was previously compensated pursuant to this section and chapter 440 for tuberculosis, heart disease, or hypertension and thereafter sustains and reports a new compensable workers’ compensation claim under this section and chapter 440, and the law enforcement officer, correctional officer, or correctional probation officer has departed in a material fashion from the prescribed course of treatment of an authorized physician for the preexisting workers’ compensation claim and the departure is demonstrated to have resulted in a significant aggravation of the tuberculosis, heart disease, or hypertension resulting in disability or increasing the disability or need for medical treatment.
2. As used in this paragraph, “prescribed course of treatment” means prescribed medical courses of action and prescribed medicines for the specific disease or diseases claimed and as documented in the prescribing physician’s medical records.
3. If there is a dispute as to the appropriateness of the course of treatment prescribed by a physician under sub-subparagraph 1.a. or sub-subparagraph 1.b. or whether a departure in a material fashion from the prescribed course of treatment is demonstrated to have resulted in a significant aggravation of the tuberculosis, heart disease, or hypertension resulting in disability or increasing the disability or need for medical treatment, the law enforcement officer, correctional officer, or correctional probation officer is entitled to seek an independent medical examination pursuant to s. 440.13(5).
4. A law enforcement officer, correctional officer, or correctional probation officer is not entitled to the presumption provided in this section unless a claim for benefits is made prior to or within 180 days after leaving the employment of the employing agency.
(2) This section authorizes each governmental entity specified in subsection (1) to negotiate policy contracts for life and disability insurance to include accidental death benefits or double indemnity coverage which shall include the presumption that any condition or impairment of health of any firefighter, law enforcement officer, or correctional officer caused by tuberculosis, heart disease, or hypertension resulting in total or partial disability or death was accidental and suffered in the line of duty, unless the contrary be shown by competent evidence.
History.s. 1, ch. 65-480; s. 1, ch. 73-125; s. 32, ch. 77-104; s. 692, ch. 95-147; s. 21, ch. 99-392; s. 3, ch. 2002-236; s. 2, ch. 2010-175; s. 1, ch. 2022-114.

F.S. 112.18 on Google Scholar

F.S. 112.18 on Casetext

Amendments to 112.18


Arrestable Offenses / Crimes under Fla. Stat. 112.18
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 112.18.



Annotations, Discussions, Cases:

Cases from cite.case.law:

ST. LUCIE FCRD PGCS, v. FMIT,, 259 So. 3d 992 (Fla. App. Ct. 2018)

. . . compensability hinges on application of the presumption of occupational causation set forth in section 112.18 . . . reimbursement from FMIT on the theory that Williams did not qualify as a firefighter for purposes of section 112.18 . . .

RODRIGUEZ, v. TALLAHASSEE FIRE DEPARTMENT CITY OF TALLAHASSEE,, 240 So. 3d 788 (Fla. App. Ct. 2018)

. . . cardiac arrhythmias, which were accepted as compensable by his Employer/Carrier (E/C) under section 112.18 . . .

CITY OF JACKSONVILLE v. O NEAL,, 240 So. 3d 861 (Fla. App. Ct. 2018)

. . . Claimant, a correctional officer since 1995, relied on section 112.18, Florida Statutes, which provides . . . a presumption of occupational causation for heart disease in correctional officers. § 112.18, Fla. . . .

CITY OF HOMESTEAD v. FOUST,, 242 So. 3d 1169 (Fla. App. Ct. 2018)

. . . awarding benefits for, Claimant Harley Foust's heart disease and hypertension by operation of section 112.18 . . . The E/C also noted that the section 112.18 presumption did not apply to local LEOs until 2002. . . . The JCC found that Claimant satisfied the physical-examination requirement of section 112.18 on three . . . because section 112.18 has included all of its prerequisites since its enactment in 1965. . . . Section 112.18 was enacted in 1965, but applied only to firemen. . . .

CITY OF TAVARES v. HARPER,, 230 So. 3d 918 (Fla. Dist. Ct. App. 2017)

. . . compensability of his hypertension' under the statutory presumption in the Heart-Lung Statute, section 112.18 . . . compensa-bility of his hypertensive condition' as a workplace injury in accordance'with the section 112.18 . . . and to have been suffered in the line of duty unless the contrary be,shown by competent evidence.” § 112.18 . . . Davis, 26 So.3d 13, 17-18 (Fla. 1st DCA 2009) (holding that section 112.18(1) presumption was precluded . . . In Talpesh, the JCC ruled that the presumption under section 112.18(1) did not apply to that claimant . . . Section 112.18(l)(a), Florida Statutes, states: Any condition or impairment of health of any ... law . . . a reading of high blood pressure is, at the very least, an indication of hypertension under section 112.18 . . . to confirm the condition of hypertension is not the criteria provided by the legislature in section 112.18 . . .

CITY OF JACKSONVILLE v. RATLIFF,, 217 So. 3d 183 (Fla. Dist. Ct. App. 2017)

. . . compensability of his heart condition and related medical treatment under the “heart-lung” statute, section 112.18 . . . C failed to sustain its burden of proof in one respect, but write to clarify application of section 112.18 . . . The Claimant qualified for the “heart-lung” presumption under section 112.18(1), having no evidence of . . . After determination that section 112.18 embodied strong public policy, the court assigned to the E/C . . . Here, the Claimant had no evidence of causation other than the presumption of section 112.18. . . . .

STATE DEPARTMENT OF CORRECTIONS, v. JUNOD,, 217 So. 3d 200 (Fla. Dist. Ct. App. 2017)

. . . Compensation Claims holding that Claimant is entitled to benefits under the heart-lung statute, section 112.18 . . . Florida’s heart-lung statute was enacted in 1965, covering firemen only. § 112.18, Fla. . . . The Florida Supreme Court in Caldwell described the presumption created in section 112.18 as an expression . . . Because the E/C successfully rebutted the statutory presumption of section 112.18, and the EMA’s opinion . . . Nevertheless, section 112.18 on its face does not impose an express tenure requirement. . . .

GONZALEZ, v. ST. LUCIE COUNTY- FIRE DISTRICT FLORIDA MUNICIPAL INSURANCE TRUST- FLORIDA LEAGUE OF CITIES, INC., 186 So. 3d 1106 (Fla. Dist. Ct. App. 2016)

. . . department, appeals the denial of his claim for a determination of compensable heart disease under paragraph 112.18 . . . Our review of the JCC’s findings as to the rebuttal of the presumption under paragraph 112.18(1)(a) is . . . and to have been suffered in the line of duty unless the contrary be shown by competent evidence." § 112.18 . . .

MITCHELL, v. MIAMI DADE COUNTY MDPD, 186 So. 3d 65 (Fla. Dist. Ct. App. 2016)

. . . causation to which the parties agreed Claimant, a law enforcement officer, was entitled under paragraph 112.18 . . . the JCC’s error, is-an understanding of the nature of the presumption afforded Claimant under section 112.18 . . . As recognized in Punsky, this latter type is the nature of the presumption provided by section 112.18 . . . to submit competent evidence to rebut the presumption because Claimant relied solely on the section 112.18 . . .

SCHERER, v. VOLUSIA COUNTY DEPARTMENT OF CORRECTIONS, 171 So. 3d 135 (Fla. Dist. Ct. App. 2015)

. . . Because I conclude that subparagraph 112.18(l)(b)4 renders Appellant ineligible for the presumption of . . . To be entitled to the rebuttable presumption of occupational causation in paragraph 112.18(l)(a), Florida . . . presumed to be the result of an accident in the line of duty, a claimant is required under subparagraph 112.18 . . . Johnson, 901 So.2d 342 (Fla. 1st DCA 2005), we held that a 2002 amendment to subsection 112.18(1), which . . . applies to law enforcement officers, correctional officers, and correctional probation officers. § 112.18 . . . correctional officer appeals an order of a judge of compensation claims ruling him ineligible under section 112.18 . . . )(b)4., Florida Statutes (2013), for the presumption of occupational causation set out in section , 112.18 . . . Persuaded section 112.18(1)(b)4. did not strip him of the presumption available to correctional officers . . . not ordinarily compensable as an occupational disease, the Florida Legislature ... enacted section 112.18 . . . All petitions — each of which relied on section 112.18 — were consolidated. . . .

MIAMI- DADE COUNTY, v. MITCHELL,, 159 So. 3d 172 (Fla. Dist. Ct. App. 2015)

. . . the presumption of occupational causation afforded Claimant, a law enforcement officer, under section 112.18 . . . contributing cause (MCC) by medical evidence, is fully met where the presumption contained in section 112.18 . . .

CITY OF JACKSONVILLE FIRE AND RESCUE DEPARTMENT v. BATTLE,, 148 So. 3d 795 (Fla. Dist. Ct. App. 2014)

. . . The City argues that the JCC should not have found Claimant was entitled to rely on section 112.18, Florida . . . Section 112.18 creates a presumption of occupational causation for “any condition or impairment of health . . . not work (during and after the catheterization) constitutes disability for the purposes of section 112.18 . . . In Bivens, this court concluded that there was no disability— and thus no entitlement to the section 112.18 . . . The JCC’s finding in this case comports with the plain language of section 112.18, which is evidence . . .

SMITH, v. CITY OF DAYTONA BEACH POLICE DEPT., 143 So. 3d 436 (Fla. Dist. Ct. App. 2014)

. . . rebutted the statutory presumption of compensability afforded law enforcement officers under section 112.18 . . . Fla. 1st DCA 1986) (finding heart disease compensable as occupational disease in cases where section 112.18 . . . from an occupational disease ... shall be treated as the happening of an injury by accident ....”); § 112.18 . . .

JOHNS EASTERN COMPANY BCC, v. BELLAMY,, 137 So. 3d 1058 (Fla. Dist. Ct. App. 2014)

. . . occupational causation presumption afforded firefighters, and certain other employees, set out in section 112.18 . . . burden of persuasion required of an employer who seeks to rebut the presumption afforded by section 112.18 . . .

CITY OF NORTH BAY VILLAGE v. GUEVARA,, 129 So. 3d 1100 (Fla. Dist. Ct. App. 2013)

. . . information regarding the statutory presumption of causation afforded law enforcement officers under section 112.18 . . . Neither section 112.18(1) nor section 440.185(4), nor any other portion of chapter 440, requires the . . . E/C to provide an injured worker any details regarding the presumption found in section 112.18(1). . . .

PASCO COUNTY SHERIFF S OFFICE v. SHAFFER,, 125 So. 3d 1051 (Fla. Dist. Ct. App. 2013)

. . . substantial and significant portion of her job duties, can be considered disabled pursuant to section 112.18 . . . previously held that a person restricted to light duty work may be considered disabled pursuant to section 112.18 . . . Based upon these findings, the JCC found Claimant had suffered a disability pursuant to section 112.18 . . . In pertinent part, section 112.18(l)(a), Florida Statutes (2011), provides: Any condition or impairment . . . It should be noted, however, that in cases involving application of section 112.18, Florida Statutes, . . .

JOHNS EASTERN COMPANY BCC, v. SCHRAW,, 115 So. 3d 428 (Fla. Dist. Ct. App. 2013)

. . . firefighter, established compensability of his pre-ventri-cular contraction condition, pursuant to section 112.18 . . .

ORANGE COUNTY AND ALTERNATIVE SERVICE CONCEPTS, v. WILDER,, 107 So. 3d 480 (Fla. Dist. Ct. App. 2013)

. . . benefits for her heart disease based upon the presumption of occupational causation available in section 112.18 . . . including that her viral cardiomyopathy constitutes “heart disease” as that term is used in section 112.18 . . .

WALTERS, v. STATE DOC DIVISION OF RISK MANAGEMENT,, 100 So. 3d 1173 (Fla. Dist. Ct. App. 2012)

. . . Section 112.18, Florida Statutes (2009) — variously known as the “Firefighter’s Presumption,” the “Heart . . . Relying on the presumption of occupational causation set out in section 112.18, Florida Statutes (2009 . . . The presumption controls “unless the contrary be shown.” § 112.18(2), Fla. Stat. (2009). . . . Our supreme court discussed what section 112.18, Florida Statutes (2009), requires in Caldwell v. . . . See § 112.18(1), Fla. Stat. (2005). . . .

ROCHA, v. CITY OF TAMPA, 100 So. 3d 138 (Fla. Dist. Ct. App. 2012)

. . . compensation benefits for his hypertension, relies on the presumption of occupational causation in section 112.18 . . . Claimant argues that he was “disabled,” for purposes of section 112.18, while he was medically restricted . . . LEGAL BACKGROUND Section 112.18, Florida Statutes (2009), provides as follows: Any condition or impairment . . . restrictions imposed “for purely precautionary reasons unrelated to” the condition covered by section 112.18 . . . claimant can rely solely on a medical work restriction to prove disability for purposes of section 112.18 . . .

JOHNS, v. CITY OF SANFORD, 96 So. 3d 949 (Fla. Dist. Ct. App. 2012)

. . . found sufficient as competent and substantial evidence to rebut the statutory presumption [in section 112.18 . . .

WILLIAMS, v. CITY OF ORLANDO, 89 So. 3d 302 (Fla. Dist. Ct. App. 2012)

. . . establish eligibility to rely on the statutory presumption of occupational causation available via section 112.18 . . . The E/C conceded Claimant met three of the four requirements of section 112.18 by being a police officer . . . The fourth statutory requirement is that the condition itself be one of those listed in section 112.18 . . . Bivens does not hold that, as a matter of law, “essential” hypertension is not covered by section 112.18 . . . Bivens is limited to its facts: where a claimant seeking to rely on section 112.18 produces no evidence . . .

UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA, v. WARFEL,, 82 So. 3d 47 (Fla. 2012)

. . . governed a presumption in favor of firefighters, the Court held: The presumption contained in section 112.18 . . . See Caldwell, 372 So.2d at 439 (interpreting section 112.18(1), Florida Statutes (1975)); Brasher, 132 . . .

LeBLANC, v. CITY OF WEST PALM BEACH, 72 So. 3d 181 (Fla. Dist. Ct. App. 2011)

. . . that Claimant established the legal conditions for the operation of the presumption found in section 112.18 . . . unknown — the JCC devalued and eviscerated the legal presumption of com-pensability afforded by section 112.18 . . . Inst., 22 So.3d 803, 806 (Fla. 1st DCA 2009) (stating, to rebut 112.18 presumption, E/C required to affirmatively . . .

CLAY COUNTY BOARD OF COUNTY COMMISSIONERS SCIBAL ASSOCIATES, v. A. BRAMLITT,, 61 So. 3d 1239 (Fla. Dist. Ct. App. 2011)

. . . JCC erred in determining that Claimant's heart condition and hypertension were compensable under § 112.18 . . . The reply brief clarified that "it is only the application of the [section 112.18] presumption to Claimant's . . . issue as whether ”[t]he JCC erred in determining that Claimant’s hypertension was compensable under § 112.18 . . .

PUNSKY, v. CLAY COUNTY BOARD OF COUNTY COMMISSIONERS, 60 So. 3d 1088 (Fla. Dist. Ct. App. 2011)

. . . finding that the employer and carrier had rebutted the presumption of compensability found in section 112.18 . . .

CITY OF PEMBROKE PINES v. ORTAGUS, Jr., 50 So. 3d 31 (Fla. Dist. Ct. App. 2010)

. . . C”), after paying medical benefits for three years, terminated benefits claiming that under section 112.18 . . . Section 112.18, Florida Statutes, creates a presumption of compensability for certain conditions suffered . . . and to have been suffered in the line of duty unless the contrary be shown by competent evidence. § 112.18 . . . But now they assert the claimant was only entitled to the presumption in section 112.18, and thus medical . . . To be sure, under section 112.18 disability is necessary to establish compensability of any condition . . .

CITY OF VENICE PGCS, v. VAN DYKE,, 46 So. 3d 115 (Fla. Dist. Ct. App. 2010)

. . . Compensation Claims (JCC) erred in finding Claimant’s thoracic aortic disease compensable under section 112.18 . . .

WARFEL, v. UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA,, 36 So. 3d 136 (Fla. Dist. Ct. App. 2010)

. . . The ease involved section 112.18(1), Florida Statutes (1975), which provided that a fireman’s disability . . .

MARTZ, v. VOLUSIA COUNTY FIRE SERVICES, 30 So. 3d 635 (Fla. Dist. Ct. App. 2010)

. . . asserts the JCC erred by: 1) finding Claimant failed to satisfy the disability requirement of section 112.18 . . . Section 112.18(1), Florida Statutes, affords certain categories of public employees totally or partially . . . diagnosis, and treatment for AF did not equate to total or partial disability, as required by section 112.18 . . . In Bivens, we had held the claimant failed to establish disability under section 112.18(1) where, although . . . temporarily disabled as a result of his AF and has satisfied the disability requirement of section 112.18 . . .

VOLUSIA COUNTY FIRE SERVICES v. TAAFFE,, 27 So. 3d 81 (Fla. Dist. Ct. App. 2009)

. . . erred by determining Claimant’s hypertension was compensable under the presumption created by section 112.18 . . . hypertension was pre-existing; therefore, he was not entitled to the presumption set forth in section 112.18 . . . Section 112.18(1) provides: (1) Any condition or impairment of health of any Florida state, municipal . . . service as a firefighter with Cedar Hammock; the phrase “entering into any such sendee” in section 112.18 . . .

CARNEY, v. SARASOTA COUNTY SHERIFF S OFFICE, 26 So. 3d 683 (Fla. Dist. Ct. App. 2009)

. . . held that claimant law enforcement officer was not entitled to the presumption afforded by section 112.18 . . . As a result, the judge determined that claimant was not entitled to the section 112.18(1) presumption . . . Section 112.18(1), Florida Statutes, creates a rebuttable presumption of com-pensability for heart disease . . . which [he] was receiving at the time of the injury,” he satisfied the disability requirement of section 112.18 . . .

FULLER, v. OKALOOSA CORRECTIONAL INSTITUTION, 22 So. 3d 803 (Fla. Dist. Ct. App. 2009)

. . . JCC’s finding that the Employer rebutted the presumption of compensability provided for in section 112.18 . . . both were cardiac conditions and thus, Claimant was entitled to the presumption afforded by section 112.18 . . . JCC found Claimant established entitlement to the presumption of compensability afforded by section 112.18 . . . The presumption afforded by section 112.18(1)(2007) relieves a qualifying claimant from the necessity . . . this court stated as follows: In summary, there is a clear path for the application of the section 112.18 . . .

MIAMI- DADE COUNTY, v. A. DAVIS,, 26 So. 3d 13 (Fla. Dist. Ct. App. 2009)

. . . Davis’s heart disease, on the purported authority of section 112.18(1), Florida Statutes (2001). . . . not ordinarily compensable as an occupational disease, the Florida Legislature has enacted section 112.18 . . . Stat., should be read in pari mate-ria with Section 112.18, Fla. . . . Stat., should be read in pari materia with Section 112.18, Fla. . . . Section 112.18(1) draws no distinction between firefighters and law enforcement officers with regard . . .

H. CRYSTAL, v. STATE DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT,, 21 So. 3d 134 (Fla. Dist. Ct. App. 2009)

. . . disability due to hypertension was presumed to be by accident suffered in-line-of-duty under section 112.18 . . . Under such reasoning, Appellant could not claim the statutory presumption in section 112.18(1). . . . Appellant relies on the presumption in section 112.18(1) to support his argument that his hypertension . . . Section 112.18(1) provides, in pertinent part, that: Any condition or impairment of health of any Florida . . . Neither section 112.18(1) nor section 943.10(2) delineates between regular and special-risk classes. . . .

JACKSONVILLE SHERIFF S OFFICE, v. SHACKLETT,, 15 So. 3d 859 (Fla. Dist. Ct. App. 2009)

. . . Judge of Compensation Claims (JCC) that Claimant was entitled to the presumption afforded by section 112.18 . . . remaining issue for resolution was whether Claimant satisfied the disability requirement of section 112.18 . . . Analysis The presumption afforded by section 112.18 is “only available when a claimant’s ... hypertension . . . This is not sufficient to establish disability for purposes of section 112.18(1), Florida Statutes (2007 . . . evidence supports the JCC’s finding that Claimant was disabled by his hypertension as required by section 112.18 . . .

PUNSKY, v. CLAY COUNTY SHERIFF S OFFICE, 18 So. 3d 577 (Fla. Dist. Ct. App. 2009)

. . . , Florida Department of Administration, 372 So.2d 438 (Fla.1979), or the Legislature amends section 112.18 . . . however, the per curiam opinion misreads Caldwell: The view that a claimant entitled to the section 112.18 . . . credible) that a claimant’s disabling disease or condition was in fact “suffered in the line of duty.” § 112.18 . . . See § 112.18(1), Fla. Stat. (2005). . . . Caldwell establishes the quantum of evidence an employer must adduce in order to rebut the section 112.18 . . . We affirm the order, because, although the presumption of section 112.18(1), Florida Statutes (2005), . . . his job as a police officer had caused the heart attack and that he was entitled to invoke section 112.18 . . . See § 112.18(1), Fla. Stat. (2005). The record does not support such a finding. . . . Section 112.18(1) establishes a presumption that certain health conditions incurred by any designated . . . In summary, there is a clear path for the application of the section 112.18(1) presumption. . . .

BIVENS, v. CITY OF LAKELAND,, 993 So. 2d 1100 (Fla. Dist. Ct. App. 2008)

. . . Claimant argued that the statutory presumption of section 112.18(1), Florida Statutes, was applicable . . . The JCC applied the presumption of section 112.18(1) to this condition, finding it qualified as a heart . . . The Supreme Court has emphasized that section 112.18(1) only relieves a claimant “from the necessity . . . In that case, we overruled a JCC’s finding that “the term ‘hypertension,’ as used in section 112.18(1 . . . Without disablement, Claimant cannot qualify for the presumption of section 112.18(1). . . .

B. TALPESH, v. VILLAGE OF ROYAL PALM BEACH, 994 So. 2d 353 (Fla. Dist. Ct. App. 2008)

. . . Section 112.18(1), Florida Statutes (2005), also referred to as the “Heart/Lung Bill,” provides in pertinent . . .

In KIMBRO, Jr. E. III, v. Jr., 389 B.R. 518 (B.A.P. 6th Cir. 2008)

. . . This figure was calculated by subtracting their car payment of $112.18 from the Local Standard of $471.18 . . .

MOBILE MEDICAL INDUSTRIES v. QUINN,, 985 So. 2d 33 (Fla. Dist. Ct. App. 2008)

. . . carrier had previously accepted the condition, ventricular ectopy, as compensable pursuant to section 112.18 . . .

BUTLER, v. CITY OF JACKSONVILLE,, 980 So. 2d 1250 (Fla. Dist. Ct. App. 2008)

. . . As observed by the majority, this court holds that the presumption created by section 112.18(1), Florida . . . Our holding in Vaporis was true to section 112.18(1), which, in pertinent part, provides that the presumption . . . Presumption Section 112.18(1), Florida Statutes (1996), also referred to as the “Heart/Lung Bill,” provides . . .

LENTINI, v. CITY OF WEST PALM BEACH,, 980 So. 2d 1232 (Fla. Dist. Ct. App. 2008)

. . . for determining whether an employer/carrier has rebutted the “firefighter’s presumption” of section 112.18 . . .

SALDANA, v. MIAMI- DADE COUNTY, 978 So. 2d 823 (Fla. Dist. Ct. App. 2008)

. . . Vaporis, 953 So.2d 597, 599 (Fla. 1st DCA 2007) (“All that [section 112.18, Florida Statutes] requires . . .

PALM BEACH COUNTY SHERIFF S OFFICE v. C. BAIR,, 965 So. 2d 1210 (Fla. Dist. Ct. App. 2007)

. . . the benefit of an expert medical advisor by applying the statutory presumption provided by section 112.18 . . . Statutes (2002), mandated the appointment of an expert medical advisor before applying the section 112.18 . . .

ORANGE COUNTY FIRE RESCUE v. JONES,, 959 So. 2d 785 (Fla. Dist. Ct. App. 2007)

. . . heart attack in 1991, which was found to be compensable because of the statutory presumption in section 112.18 . . .

CITY OF DELRAY BEACH v. WELLS,, 957 So. 2d 694 (Fla. Dist. Ct. App. 2007)

. . . Judge of Compensation Claims’ (JCC) application of the firefighter’s presumption pursuant to section 112.18 . . . single risk factor solely causative of claimant’s condition in order to rebut the presumption of section 112.18 . . .

CITY OF PORT ORANGE PGCS, v. SEDACCA,, 953 So. 2d 727 (Fla. Dist. Ct. App. 2007)

. . . a permanent impairment for hypertension does not constitute a “disability” for purposes of section 112.18 . . . Florida Statutes (2003), and the “disability” requirement of the compensability presumption of section 112.18 . . . a permanent impairment is not a disability for purposes of either section 440.151(l)(a) or section 112.18 . . . that a permanent impairment for hypertension does constitute a “disability” for purposes of section 112.18 . . . not at issue, because the parties stipulated to the applicability of the presumption under section 112.18 . . .

CITY OF TARPON SPRINGS v. VAPORIS,, 953 So. 2d 597 (Fla. Dist. Ct. App. 2007)

. . . award of benefits to Appellee/Claimant via application of the “firefighter’s presumption,” section 112.18 . . . In seeking workers’ compensation benefits, he sought to take advantage of section 112.18, which provides . . . into any such service ..., which examination failed to reveal any evidence of any such condition.... § 112.18 . . .

GRAY, v. DEPARTMENT OF CORRECTIONS, 918 So. 2d 322 (Fla. Dist. Ct. App. 2005)

. . . See § 112.18(1), Fla. Stat. (2002). . . .

POTTER, v. CITY OF ORMOND BEACH, 913 So. 2d 710 (Fla. Dist. Ct. App. 2005)

. . . appellee, the City of Ormond Beach, previously accepted the condition as com-pensable pursuant to section 112.18 . . . ventricular ectopy because appellee had previously accepted the condition as com-pensable pursuant to section 112.18 . . . The supreme court has explained: The presumption contained in section 112.18(1), Florida Statutes (1975 . . . Contrary to appellee’s argument, it did not rebut the presumption found in section 112.18(1) through . . . non-work-related when ap-pellee had previously accepted the entire condition as compensable by virtue of section 112.18 . . .

UNISOURCE ADMINISTRATORS s v. BRIDGES,, 914 So. 2d 457 (Fla. Dist. Ct. App. 2005)

. . . See § 112.18(1), Fla. . . . Thomas, 657 So.2d 927, 928 (Fla. 1st DCA 1995) (“We ... reject the City’s argument that ... section 112.18 . . .

STATE v. N. REESE,, 911 So. 2d 1291 (Fla. Dist. Ct. App. 2005)

. . . compensation claims (1) applied'the statutory presumption specified in the “Heart-Lung” statute, section 112.18 . . . Section 112.18(1) provides, in relevant part, as follows: (1) Any condition or impairment of health of . . . The text of a 2002 amendment to section 112.18 plainly revealed to members of the legislature that the . . . first time, entitle correctional officers to the presumption specified in the first sentence of section 112.18 . . . Because the 2002 amendment of section 112.18(1), adding correctional officers to the list of employees . . .

CITY OF MARY ESTHER v. McARTOR,, 902 So. 2d 942 (Fla. Dist. Ct. App. 2005)

. . . entitled to the statutory presumption of compensability for coronary artery disease provided by section 112.18 . . . disease is an occupational illness when suffered by a firefighter meeting the requirements of section 112.18 . . .

SEMINOLE COUNTY SHERIFF S OFFICE v. JOHNSON,, 901 So. 2d 342 (Fla. Dist. Ct. App. 2005)

. . . Appellants argue that the Judge of Compensation Claims (the “JCC”) erred by interpreting section 112.18 . . . was statutorily presumed to have been accidental and suffered in the line of duty pursuant to section 112.18 . . . As in Brown, the 2002 amendment to section 112.18(1) changed only the procedure of establishing entitlement . . . appellants evidentiary argument relating to claimant’s prerequisite physical examination under section 112.18 . . .

MARTIN, v. STATE DEPARTMENT OF CORRECTIONS Of, 890 So. 2d 1238 (Fla. Dist. Ct. App. 2005)

. . . is entitled to the statutory presumption of compensability of his heart disease afforded by section 112.18 . . .

UNITED STATES v. ALCORN,, 93 F. App'x 37 (6th Cir. 2004)

. . . Alcorn’s offense involved quantities of methamphetamine, hydromorphone, and morphine equivalent to 2, 112.18 . . .

HERIC, v. CITY OF ORMOND BEACH, 728 So. 2d 1247 (Fla. Dist. Ct. App. 1999)

. . . employer and carrier accepted the compensability of the claimant’s heart condition pursuant to section 112.18 . . .

NEWFOUND MANAGEMENT CORPORATION, GENERAL PARTNER OF NEWFOUND LIMITED PARTNERSHIP, v. A. SEWER,, 34 F. Supp. 2d 305 (D.V.I. 1999)

. . . See Hearing on Motions, Tr. 112.18-118.24. . . .

CITY OF MIAMI, v. THOMAS,, 657 So. 2d 927 (Fla. Dist. Ct. App. 1995)

. . . claims found the claimant’s condition compensable by operation of the rebuttable presumption in section 112.18 . . . the order, with the exception of the judge’s finding that the term “hypertension,” as used in section 112.18 . . . We reject the City’s contention that the 1990 enactment of section 440.015 repealed section 112.18 by . . . We also reject the City’s argument that the phrase “total or partial disability,” as used in section 112.18 . . .

CITY OF CLEARWATER v. F. CARPENTIERI,, 659 So. 2d 357 (Fla. Dist. Ct. App. 1995)

. . . the claimant, a firefighter, is entitled to the presumption of compensability set forth in section 112.18 . . . attack Carpentieri was an employee of the City entitled to the presumption of the statute, section 112.18 . . . Section 112.18(1), Florida Statutes (1991), provides: Any condition or impairment of health of any Florida . . .

CITY OF WEST PALM BEACH v. BURBAUM,, 632 So. 2d 145 (Fla. Dist. Ct. App. 1994)

. . . that they failed to overcome the presumption relative to the disability of fire fighters under section 112.18 . . .

STATE DEPARTMENT OF CORRECTIONS v. CLARK,, 593 So. 2d 585 (Fla. Dist. Ct. App. 1992)

. . . The employer appeals a workers’ compensation order by which the presumption in section 112.18(1), Florida . . . the claimant did not demonstrate that he is one of the specified firemen within the ambit of section 112.18 . . . proceeded to a hearing and the claimant asserted that he is entitled to the presumption in section 112.18 . . . Stanford involved an application of section 112.18(1), but the opinion merely recites several issues . . . Chapter 379, Florida Statutes (1965), identified one fire control district when section 112.18(1) was . . . because it appears to be compelled by the enumeration of certain classes of firemen designated in Section 112.18 . . . additional benefits are payable, it continues to restrict the categories of employers under section 112.18 . . . examined the above provisions, it appears to me that the legislative omission of state agencies in section 112.18 . . .

CITY OF PENSACOLA v. WINCHESTER,, 560 So. 2d 1273 (Fla. Dist. Ct. App. 1990)

. . . See § 112.18(1), Fla.Stat. (1987). . . . to have been suffered in the line of duty unless the contrary be shown by competent evidence .... .§ 112.18 . . .

SMITH, v. CITY OF MIAMI,, 552 So. 2d 245 (Fla. Dist. Ct. App. 1989)

. . . contends that te deputy erred in refusing to extend the firefighter’s presumption statute, section 112.18 . . . Section 112.18(1) provides: Any condition or impairment of health of any Florida municipal ... fireman . . .

J. D. CUMBIE, v. CITY OF MILTON, 496 So. 2d 923 (Fla. Dist. Ct. App. 1986)

. . . examination upon entering his employment as a fireman, he was not entitled to the statutory presumption of § 112.18 . . . Section 112.18 provides that any condition or impairment of health of any fireman caused by tuberculosis . . . such service as a fireman, which examination failed to reveal any evidence of any such condition.” § 112.18 . . . City of Milton, claimant retired, and brought his claim for compensation benefits pursuant to section 112.18 . . . Section 112.18 states in part: (1) Any condition or impairment of health of any Florida municipal, county . . . the literal language of the proviso or exception to the preceding statutory presumption of section 112.18 . . . This rule is particularly applicable to statutes — such as section 112.18(1) —that are remedial in nature . . . The legislative policy behind the enactment of section 112.18(1) recognizes that firemen are subjected . . .

H. SLEDGE, v. CITY OF FORT LAUDERDALE, 497 So. 2d 1231 (Fla. Dist. Ct. App. 1986)

. . . disease was a preexisting condition, he was not entitled to the statutory presumption afforded by section 112.18 . . . Department of Corrections, 464 So.2d 1202 (Fla. 1st DCA 1984), the Florida Legislature has enacted section 112.18 . . . Section 112.18(1) applies to chapter 440, Florida Statutes (1985). . . . disease was a preexisting condition and that claimant is not entitled to the presumption of section 112.18 . . .

R. LANSFORD, v. BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS,, 485 So. 2d 845 (Fla. Dist. Ct. App. 1986)

. . . 112.191(l)(b), Florida Statutes (1983) and therefore not entitled to the presumption set forth in Section 112.18 . . . Section 112.18(1) provides that “any condition or impairment of health of any Florida ... fireman caused . . . Lansford’s principal duty was medical care, he was not a fireman entitled to the presumption of Section 112.18 . . . was correct in his conclusion that Lans-ford was not a fireman entitled to the presumption of Section 112.18 . . .

CITY OF TEMPLE TERRACE v. BAILEY,, 481 So. 2d 49 (Fla. Dist. Ct. App. 1985)

. . . The E/C urge that the deputy misapplied the presumption established by § 112.18(1), Fla.Stat. . . . In Caldwell the court held that the statutory presumption of § 112.18(1) prevails in cases where the . . . and convincing evidence sufficient to rebut the presumption of occupational causation supplied by § 112.18 . . . proof of non-work related causation and the deputy erred in failing to find that the presumption of § 112.18 . . . The E/C urge this court to find that the legislature did not intend § 112.18(1) to apply in any case . . .

CITY OF GAINESVILLE v. B. BECK,, 450 So. 2d 309 (Fla. Dist. Ct. App. 1984)

. . . claimant’s heart attack was an injury by an accident arising out of his employment, relying upon section 112.18 . . . permanent partial disability benefits under the “Firefighters’ Heart and Lung Provision” of section 112.18 . . . Section 112.18(1) provides that heart attacks suffered by firemen are presumed to be accidental and suffered . . .

SOUTH TRAIL FIRE CONTROL DISTRICT v. C. JOHNSON, Jr., 449 So. 2d 947 (Fla. Dist. Ct. App. 1984)

. . . We hold that section 112.18, Florida Statutes (1981), applies to chapter 440, Florida Statutes (1981) . . .

A. DANIELS, v. DIVISION OF RETIREMENT,, 389 So. 2d 340 (Fla. Dist. Ct. App. 1980)

. . . Section 112.18(1). . . .

E. CALDWELL, v. DIVISION OF RETIREMENT, FLORIDA DEPARTMENT OF ADMINISTRATION,, 372 So. 2d 438 (Fla. 1979)

. . . The district court of appeal held that the Commission erred in refusing to apply section 112.18(1), Florida . . . The district court of appeal in its opinion correctly held that section 112.18(1), Florida Statutes ( . . . The presumption contained in section 112.18(1), Florida Statutes (1975), affects the burden of persuasion . . . , 141 So.2d 581 (Fla.1971)), so did the legislature establish a general rule for firemen in section 112.18 . . .

G. CUNDY, Sr. v. DIVISION OF RETIREMENT, DEPARTMENT OF ADMINISTRATION,, 353 So. 2d 967 (Fla. Dist. Ct. App. 1978)

. . . Commission for further proceedings giving appropriate effect to the presumption accorded by Section 112.18 . . .

E. CALDWELL, v. DIVISION OF RETIREMENT, FLORIDA DEPARTMENT OF ADMINISTRATION,, 344 So. 2d 923 (Fla. Dist. Ct. App. 1977)

. . . Section 112.18(1) provides in pertinent part: “Any condition or impairment of health of any Florida . . . . The Commission erred in refusing to apply the presumption of Section 112.18(1) to this case but it was . . .

H. v., 63 T.C. 642 (T.C. 1975)

. . . OPINION Dawson, Judge: Respondent determined a deficiency of $112.18 in petitioners’ Federal income tax . . .

MARYLAND CASUALTY CO. v. UNITED STATES, 63 F. Supp. 629 (D. Md. 1945)

. . . In 1926 the General Accounting Office made claim against Captain Marshall in the amount of $49,-112.18 . . .