Cardiac Case Law – Retroactive Application of Presumption

The First District Award of Appeal entered a great decision in Seminole County Sheriffs Office v. Johnson, 901 So2d. 342 (Fla. 1st DCA 2005).

This case stands the proposition that the 2002 amendments to 112.18(1) which expanded the class of people entitled to the statutory presumption to include firefighters, law enforcement and correctional officers as statutorily defined applies retroactively without regard to the date of accident and injury.

This means that the change was procedural and not substantive. As a result, the change in the statute applies to officer Johnson.