Cases

An employer may offer evidence of a congenital condition to overcome the occupational presumption of compensability of a heart or hypertension condition created by Section 112.18, Florida Statutes.  In this case, the JCC's finding that the claimant's condition was not congenital was a finding that may have contributed to the ultimate conclusion in this case.  The employer argued that the JCC ignored or overlooked parts of the medical opinion testimony when he concluded in an order that the claimant did not have a congenital condition.  The court determined that apparently the JCC had overlooked or failed to address the testimony of one doctor who indicated that the claimant's preexisting condition created the medical problems for which the claim had been filed. Where it is demonstrated that the JCC overlooked or ignored evidence which if considered by the JCC could change the outcome of the case, the proper remedy is reversal and remand for consideration of this evidence.  Case reversed and remanded to the JCC for consideration of the medical evidence in its entirety.