Has the Expanding Compensability of Heart Attacks in Florida Put a Cork in Victor Wine?

In 2014, heart disease was a big cause of death in Florida. In 1961, Florida courts talked about whether heart attacks at work should be covered by workers’ compensation. Before that, people had to prove an accidental injury or death happened because of their work in order to get compensation. But in 1993 and 2003, Florida made laws that said people had to show that their work was the main cause of their injury, using medical evidence. But until recently, courts hadn’t decided if these laws replaced the old rules about heart attacks at work. In 1961, the Florida Supreme Court said that heart conditions caused by work exertion were only compensable if the employee was under unusual strain. In 1978, this test was extended to other cardiovascular issues. But in 1994, the court said that workplace cardiovascular injuries should be analyzed like any other workplace injury, and the Legislature added a new standard for claimants to receive workers’ compensation benefits. After that, courts had a specific test to determine if the injury was caused by work. For a long time, courts in Florida have used a test called the Victor Wine test to decide if work was the main cause of a heart attack. But in 2003, the law changed and made it easier for people to prove that their heart attack was caused by work. Despite this change, the courts still kept using the old test. Finally, in 2008, a court said that using both the old test and the new law was too hard for people with heart attack claims. Then, in another case, the court didn’t use the old test at all and said that because of the new law, the heart attack claim was valid. This means that the old test should no longer be used because there are better rules in place now. In the Lalonde case, the court said that the cause of a work-related injury should meet the “major contributing cause” standard set by the legislature in 1994. This means that if a work injury is a major reason for the injury, it can be compensated. This standard replaces the old “Victor Wine” test. So, if someone has a heart attack while on the job, it may be covered if the job was a major cause of the heart attack. Andrew J. Manie is a lawyer in Orlando who specializes in helping people with legal issues related to foreclosure, bankruptcy, debt collection defense, and immigration. He used to be in the U.S. Marine Corp before becoming a lawyer. He is really good at what he does and is dedicated to helping the public with their legal problems.

Source: https://www.floridabar.org/the-florida-bar-journal/has-the-expanding-compensability-of-heart-attacks-in-florida-put-a-cork-in-victor-wine/