HCBA Lawyer Magazine Vol. 27, No. 6 | Page 69

SHIFTY BURDENS, TRIGGERING EVENTS & TWO-TIERED ANALYSIS Workersʼ Compensation Section 5=,58A@?;"C.><8=>6C2C5=?B6CA9C=>C$B>>B<B?C-=+B CA;;:B?C&2.2 O n April 13, 2017, the First District Court of Appeal decided City of Jacksonville v. Ratliff, 2017 WL 1371508 (Fla. 1st DCA Apr. 13, 2017), which deserves a detailed review by all workers’ compensation practitioners for four reasons. First, the opinion provides a detailed analysis and history of the “Heart and Lung presumption” set forth in section 112.18, Florida Statutes. Second, the opinion explains the varied and complicated burdens of proof that apply in workers’ compensation cases. Third, it applies the multiple burdens of proof as they shift in presumption claims (and all occupational disease claims). Fourth, the court addresses “triggering events” for cardiac claims, and again explains how burdens of proof shift for claims based on triggering of a pre-existing, dormant condition. Ratliff, a firefighter for 26 years, suffered a myocardial infarction (MI) at work during an “extremely stressful” meeting. His employer initially authorized treatment by a cardiologist, who noted a pre- existing history of diabetes, high cholesterol, smoking, and a family history of early onset coronary artery disease (CAD). According to the cardiologist, the history evidence” that of diabetes, the disease was smoking, and not work-related. CAD (known as The First DCA “risk factors”) made clear that had risen to the the major level of causative contributing factors for the cause burden, claimant’s CAD found elsewhere and MI and were in Chapter 440, unrelated to his did not apply. work. Thus, the If Jacksonville Because the employer denied employer offered the claim. successfully rebutted testimony by So the the presumption, the claimant’s claimant why was IME that brought a “pure causation was presumption” compensability upheld? unknown, claim under as well as section 112.18, testimony by Florida Statutes. the treating That is, he cardiologist that the cause was established the four elements pre-existing and non-occupational, required under the statute, but he the First DCA held the employer offered no actual medical evidence met this burden. of occupational causation for his So if Jacksonville successfully CAD or MI. His independent rebutted the presumption, why was medical examination (IME) compensability upheld? Well, the physician acknowledged the First DCA explained its reasoning pre-existing risk factors, although in 19 pages and this column is he opined that no one could limited to 500 words, so do read the identify, with any degree of medical opinion. But the answer lies in the certainty, which risk factors caused “necessity of application of a two- the MI or CAD. The employer tiered rebuttal analysis” when heart agreed that the claimant h ad disease results from a combination established the “heart-lung” of an underlying condition with presumption; however, it argued a “triggering event,” such as the the presumption was rebutted extremely stress- through the treating cardiologist’s ful meeting testimony. The Judge of underpinning Compensation Claims disagreed the Ratliff claim. and awarded compensability. In affirming the JCC order, the First DCA noted that because the Author: Gray claimant brought a presumption- Sanders – Barbas, only claim (i.e., pure presumption), Nunez, Sanders, the employer’s burden on rebuttal Butler & was to provide “competent Hovsepian JOIN A HCBA SECTION OR COMMITTEE AT HILLSBAR.COM. 0,AA?>B:395 +BB/41@B7@-.?> "5