First let me state that a case was recently published, Martz v. Volusia County Fire Services, which is the first case I have seen that defines atrial fibrillation (AF) as “heart disease”. AF is covered by the heart/lung bill.
Second, the governor approved Senate Bill 2176, regarding treatment of heart/lung conditions. In short, compensability may be denied if the worker fails to follow a prescribed course of treatment and the failure to follow treatment results in an aggravation of the heart/lung condition.
Claims must also be filed within 180 days of leaving employment in order for the presumption to apply. The pertinent text is reproduced below:
298 (b)1. For any workers’ compensation claim filed under this
299 section and chapter 440 occurring on or after July 1, 2010, a
300 law enforcement officer, correctional officer, or correctional
301 probation officer as defined in s. 943.10(1), (2), or (3)
302 suffering from tuberculosis, heart disease, or hypertension is
303 presumed not to have incurred such disease in the line of duty
304 as provided in this section if the law enforcement officer,
305 correctional officer, or correctional probation officer:
306 a. Departed in a material fashion from the prescribed
307 course of treatment of his or her personal physician and the
308 departure is demonstrated to have resulted in a significant
309 aggravation of the tuberculosis, heart disease, or hypertension
310 resulting in disability or increasing the disability or need for
311 medical treatment; or
312 b. Was previously compensated pursuant to this section and
313 chapter 440 for tuberculosis, heart disease, or hypertension and
314 thereafter sustains and reports a new compensable workers’
315 compensation claim under this section and chapter 440, and the
316 law enforcement officer, correctional officer, or correctional
317 probation officer has departed in a material fashion from the
318 prescribed course of treatment of an authorized physician for
319 the preexisting workers’ compensation claim and the departure is
320 demonstrated to have resulted in a significant aggravation of
321 the tuberculosis, heart disease, or hypertension resulting in
322 disability or increasing the disability or need for medical
323 treatment.
324 2. As used in this paragraph, “prescribed course of
325 treatment” means prescribed medical courses of action and
326 prescribed medicines for the specific disease or diseases
327 claimed and as documented in the prescribing physician’s medical
328 records.
329 3. If there is a dispute as to the appropriateness of the
330 course of treatment prescribed by a physician under sub
331 subparagraph 1.a. or sub-subparagraph 1.b. or whether a
332 departure in a material fashion from the prescribed course of
333 treatment is demonstrated to have resulted in a significant
334 aggravation of the tuberculosis, heart disease, or hypertension
335 resulting in disability or increasing the disability or need for
336 medical treatment, the law enforcement officer, correctional
337 officer, or correctional probation officer is entitled to seek
338 an independent medical examination pursuant to s. 440.13(5).
339 4. A law enforcement officer, correctional officer, or
340 correctional probation officer is not entitled to the
341 presumption provided in this section unless a claim for benefits
342 is made prior to or within 180 days after leaving the employment
343 of the employing agency.