Caldwell v. Division of Retirement, Florida Dept. of Administration, DD--399
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | MILLS; BOYER, C.J., and McCORD |
| Citation | 344 So.2d 923 |
| Parties | Billie E. CALDWELL, Petitioner, v. DIVISION OF RETIREMENT, FLORIDA DEPARTMENT OF ADMINISTRATION, Respondent. |
| Docket Number | No. DD--399,DD--399 |
| Decision Date | 07 April 1977 |
Page 923
v.
DIVISION OF RETIREMENT, FLORIDA DEPARTMENT OF ADMINISTRATION, Respondent.
Rehearing Denied May 11, 1977.
Page 924
M. Stephen Turner of Thompson, Wadsworth, Messer, Turner & Rhodes, Tallahassee, for petitioner.
Stephen W. Metz, Tallahassee, for respondent.
MILLS, Judge.
Caldwell seeks review of an order of the State Retirement Commission (Commission) denying Caldwell's claim for in line of duty disability benefits, costs and attorney's fees. Caldwell contends the Commission erred in the following respects:
1. By refusing to apply the presumption of in line of duty set forth in Section 112.18(1), Florida Statutes (1975),
2. by applying an incorrect causation standard for in line of duty disability,
3. by failing to find that Caldwell was entitled to in line of duty disability as a matter of law, and
4. by failing to award Caldwell costs and attorney's fees under Section 121.23(2)(a), Florida Statutes (1975).
Caldwell, a Brevard County Fire Department lieutenant suffered an acute myocardial infarction (heart attack) shortly after reporting to work on the 7:00 A.M. shift and while preparing coffee. As a result, he was totally and permanently disabled. At the time of his employment, Caldwell was found by a physician to be in good health. The evidence concerning the cause of Caldwell's heart attack was conflicting. There was evidence that it was caused by arteriosclerosis unrelated to his employment, and there was evidence that recent employment stress or employment stress over a period of time caused the attack in whole or in part.
Section 121.021(13), Florida Statutes (1975), provides in pertinent part:
"Disability in line of duty' means an injury or illness arising out of and in the actual performance of duty required by a member's employment during his regularly scheduled working hours or irregular working hours as required by the employer.'
Section 112.18(1) provides in pertinent part:
'Any condition or impairment of health of any Florida . . . county, . . . fireman caused by . . . heart disease, . . . resulting in total . . . disability . . . shall be presumed to have been suffered in the line of duty unless the contrary be shown by competent evidence. . . .'
When read together these statutes clearly state that a heart attack suffered by a county fireman resulting in total or partial...
To continue reading
Request your trial
-
Punsky v. Clay County Sheriff's Office, No. 1D07-3901.
...employment stress over a period of time caused the attack in whole or in part." Id. at 439 (quoting Caldwell v. Div. of Retirement, 344 So.2d 923, 924 (Fla. 1st DCA 1977)). The court specifically noted that "[t]he medical testimony crucial to this case was conflicting." Id. T......
-
Punsky v. Clay County Sheriff's Office, Case No. 1D07-3901 (Fla. App. 2/27/2009), Case No. 1D07-3901.
...stress over a period of time caused the attack in whole or in Page 6 part." Id. at 439 (quoting Caldwell v. Div. of Retirement, 344 So. 2d 923, 924 (Fla. 1st DCA 1977)). The court specifically noted that "[t]he medical testimony crucial to this case was conflicting." Id. This......
-
Schoettle v. State, Dept. of Admin., Div. of Retirement, No. BR-132
...5 (1979); Israel, 470 So.2d at 863. The Division's reliance on Caldwell v. Division of Retirement, Florida Department of Administration, 344 So.2d 923 (Fla. 1st DCA 1977), quashed in part and approved in part, 372 So.2d 438 (Fla.1979), is misplaced. In that case, Caldwell was seeking review......
-
Caldwell v. Division of Retirement, Florida Dept. of Administration, No. 51807
...we have for review a decision of the First District Court of Appeal, Caldwell v. Division of Retirement, Department of Administration, 344 So.2d 923 (Fla. 1st DCA 1977), which allegedly conflicts with a decision of the Third District Court of Appeal in City of Coral Gables v. Brasher, 132 S......
-
Punsky v. Clay County Sheriff's Office, No. 1D07-3901.
...or employment stress over a period of time caused the attack in whole or in part." Id. at 439 (quoting Caldwell v. Div. of Retirement, 344 So.2d 923, 924 (Fla. 1st DCA 1977)). The court specifically noted that "[t]he medical testimony crucial to this case was conflicting." Id. This court, i......
-
Punsky v. Clay County Sheriff's Office, Case No. 1D07-3901 (Fla. App. 2/27/2009), Case No. 1D07-3901.
...stress over a period of time caused the attack in whole or in Page 6 part." Id. at 439 (quoting Caldwell v. Div. of Retirement, 344 So. 2d 923, 924 (Fla. 1st DCA 1977)). The court specifically noted that "[t]he medical testimony crucial to this case was conflicting." Id. This court, in the ......
-
Schoettle v. State, Dept. of Admin., Div. of Retirement, No. BR-132
...5 (1979); Israel, 470 So.2d at 863. The Division's reliance on Caldwell v. Division of Retirement, Florida Department of Administration, 344 So.2d 923 (Fla. 1st DCA 1977), quashed in part and approved in part, 372 So.2d 438 (Fla.1979), is misplaced. In that case, Caldwell was seeking review......
-
Caldwell v. Division of Retirement, Florida Dept. of Administration, No. 51807
...we have for review a decision of the First District Court of Appeal, Caldwell v. Division of Retirement, Department of Administration, 344 So.2d 923 (Fla. 1st DCA 1977), which allegedly conflicts with a decision of the Third District Court of Appeal in City of Coral Gables v. Brasher, 132 S......