Legal Question in Workers Comp in Florida

Re: Is an unknown pre-existing condition reason for not filing for workmans' com

Based upon the facts you presented, it is difficult to provide you a clear cut answer. However, in general, you may be able to receive workers' compensation benefits for aggravation of pre-existing conditions if the aggravation is the "major contributing cause" for the need for medical treatment. There are some exceptions, specifically those that involve intentionally misrepresentation of a pre-existing condition on an employment application. Your situation is further complicated in that in the State of Florida, one cannot receive benefits for stress-related injuries alone.

Nevertheless, there are a line of cases that do allow for recovery for heart attacks and strokes that occur on the job. If there is no pre-existing condition, such as high blood pressure and/or arterial sclerosis, you may be able to recover for a heart attack that occurs on the job. If there is a pre-existing condition, you must, in general, show that there was an "unusual exertion" that precipitated the heart attack or stroke. This is a difficult challenge in many cases. One must prove an unusual physical exertion, not only emotional exertion. However, if there is no evidence that exists that an employee suffered from preexisting cardiovascular disease, the accident may be compensable.

As you can tell, this is a complex area of the law. The bottom line is that you should contact a qualified workers' compensation attorney with all of the facts of your case, and sit down with him/her regarding all the facts of your case. Do this as soon as possible so any investigation can be performed on a timely basis. good luck