Craig Kimmel v. Seminole County Board of County Commissioners and Johns Eastern Company, Inc./Seminole County

In Craig Kimmel v. Seminole County Board of County Commissioners and Johns Eastern Company, Inc./Seminole County Amended Order (Correcting date of order only. No change in decree.) – Due to a conflict in medical opinions regarding the claimant’s diagnosis of supra ventricular tachycardia (SVT), an EMA had been appointed. The EMA opined claimant did not suffer from SVT, but rather had atrial flutter. The E/C continued to deny the claim, defending claimant did not suffer from heart disease. The JCC disagreed and found the diagnosed atrial fibrillation did constitute heart disease. Because claimant established he was entitled to the F.S. Sec. 118.12 statutory presumption, the JCC GRANTED claims for compensability, medical and indemnity benefits. E/C appealed but moved for dismissal due to settlement of the case. Accordingly, the First DCA DISMISSED the appeal per curiam.

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