Flamily v. City of Orlando
31 FLW D614
Claimant suffered from a diagnosed hepatitis C condition. Court determined that competent and substantial evidence supported the JCC’s finding that an occupational disease was not proven. The claimant testified that he could not recall any instances of exposure to anyone infected with hepatitis C and there was no evidence that this disease was contracted during the claimant’s employment as a firefighter. Based upon expert medical testimony and records from the Center for Disease Control, the evidence showed that there is no higher incidence of hepatitis C in firefighters than in the general public and that hepatitis C is an ordinary disease of life. Section 112.181, Florida Statutes, did not create the presumption of compensability for this condition in this instance.
In following the decision of Marchenko v. Sunshine Company, 894 So. 2d 311, (Fla. 1st DCA 2005), the court determined that the JCC no longer has jurisdiction to vacate a settlement agreement considering the statutory changes made in 2001 to Section 440.20(11)(c), Florida Statutes. Court determined that the 2001 changes to Section 440.20(11)(c), Florida Statutes, were procedural or remedial changes that apply without regard to the date of accident.