Ismael Tiburcio v. Hillsborough County Sheriff’s Office and Commercial Risk Management, Inc.

Ismael Tiburcio v. Hillsborough County Sheriff’s Office and Commercial Risk Management, Inc. the primary issue is compensability of claimant’s heart disease. Claimant argues that his heart disease is compensable under the presumption contained in section 112.12(1)(a), Florida Statutes. The JCC found that claimant meets all required elements of the presumption. E/C argued that the E/C IME opinions suggesting claimant’s risk factors were generally known to cause coronary artery disease were insufficient to establish they caused his heart disease. The JCC found that E/C’s argument did not rebut the presumption. Furthermore, the E/C argued that the claimant departed from his prescribed course of treatment. The JCC found that the claimant did not comply with recommended medical treatment which caused aggravation of his heart disease resulting in disability. Compensability, medical and indemnity DENIED.

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