Durden v. St.Johns County Fire Rescue, Preferred Governmental Claims Solutions
CourtDistrict Court of Appeal of Florida
Date FiledNovember 4, 2026
Docket1D2024-1623
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D2024-1623
_____________________________
JOSEPH DURDEN,
Appellant,
v.
ST. JOHNS COUNTY FIRE RESCUE/
PREFERRED GOVERNMENTAL
CLAIMS SOLUTIONS,
Appellees.
_____________________________
On appeal from an order of the Office of Judges of Compensation
Claims.
Timothy S. Stanton, Judge of Compensation Claims.
Date of Accident: August 24, 2023
November 4, 2026
RAY, J.
This workers’ compensation appeal turns on whether atrial
fibrillation (“AFib”) is “heart disease” under Florida’s heart-lung
statute, section 112.18, Florida Statutes (2023). Relying on our
decision in North Collier Fire Control and Rescue District v.
Harlem, 371 So. 3d 368 (Fla. 1st DCA 2023), the judge of
compensation claims (“JCC”) concluded that it was not and denied
Joseph Durden the statutory presumption available to firefighters.
A closer examination of the original meaning of “heart disease” and
the reach of Harlem, however, shows that Durden’s AFib is
covered.
We therefore set aside the denial of AFib compensability and
related benefits to the extent they rested on that determination,
and remand for further proceedings.
I
Durden joined St. Johns County Fire Rescue in 2007 as a
firefighter and paramedic. On August 24, 2023, while on vacation,
he awoke with heart palpitations and a rapid, irregular pulse. He
went to the hospital, where he was diagnosed with AFib and
treated with medication. He was discharged that day.
Durden later sought workers’ compensation benefits for AFib
and hypertension. He requested temporary disability benefits,
cardiology treatment, payment for emergency hospital care, and
related relief.
At the final hearing, the employer/carrier (“E/C”)
acknowledged that Durden’s preemployment physical revealed no
evidence of AFib and conceded that he satisfied the statute’s
disability requirement if AFib qualified as heart disease. The E/C
also withdrew its defense seeking to rebut the statutory
presumption of occupational causation. The central question, then,
was whether AFib qualified as heart disease under the statute.
Both independent medical examiners—Dr. David Perloff for
Durden and Dr. Steven Borzak for the E/C—testified that AFib is
heart disease. They described it as an electrical disorder that
disrupts the heart’s normal function. Neither found evidence of
structural damage to Durden’s heart or weakening caused by
degradation of its vessels or valves.
The JCC acknowledged that testimony but read Harlem to
limit “heart disease” to conditions that weaken the heart through
degradation of vessels or valves. Because Durden’s AFib did not
meet that definition, the JCC denied compensability and the
related claims for benefits. On rehearing, he clarified that he
understood Harlem’s definition to govern all claims involving
“heart disease” under section 112.18.
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II
We review the meaning of “heart disease” in section 112.18 de
novo and the JCC’s underlying factual findings for competent,
substantial evidence. See Mylock v. Champion Int’l, 906 So. 2d 363,
365 (Fla. 1st DCA 2005).
A
Section 112.18 gives firefighters a rebuttable presumption
that a disabling condition caused by tuberculosis, heart disease, or
hypertension arose from their work. § 112.18(1)(a), Fla. Stat.
(2023). To qualify, a firefighter must also have passed a physical
examination upon entering service that revealed no evidence of the
claimed condition. Id. Once these requirements are met, the
presumption supplies the link between the condition and the
firefighter’s work. See Caldwell v. Div. of Ret., 372 So. 2d 438, 440–
41 (Fla. 1979).
When the Legislature first enacted section 112.18 in 1965, it
used the term “heart disease” without defining it or identifying the
conditions it covered. See ch. 65-480, § 1, Laws of Fla. We therefore
consider what that term meant at the time, including how the
medical profession used it. See Tsuji v. Fleet, 366 So. 3d 1020, 1025
(Fla. 2023); Antonin Scalia & Bryan A. Garner, Reading Law: The
Interpretation of Legal Texts 33 (2012) (explaining that context
includes “a word’s historical associations acquired from recurrent
patterns of past usage”).
The 1957 edition of Dorland’s Illustrated Medical Dictionary
defined “heart disease” as “any organic, mechanical, or functional
condition of the heart that causes trouble.” Dorland’s Illustrated
Medical Dictionary 396 (23rd ed. 1957). It defined “functional” as
“of, or pertaining to, a function; affecting the functions, but not the
structures.” Id. at 536. In other words, heart disease could affect
how the heart works without damaging its structure.
Medical publications from the same period support that
understanding. A 1964 report of the President’s Commission on
Heart Disease, Cancer and Stroke included “functional diseases of
the heart” in its description of heart disease. A National Program
to Conquer Heart Disease, Cancer and Stroke, vol. I, at 2 (1964).
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Other publications addressed fibrillation specifically. In 1957, the
World Health Organization classified auricular fibrillation as a
disorder of heart rhythm under the broader category “Functional
disease of heart.” World Health Org., Manual of the International
Statistical Classification of Diseases, Injuries, and Causes of
Death, vol. 1, at 146 (1957). A 1964 federal report also identified
atrial fibrillation detected by an electrocardiogram as a finding
sufficient to establish definite “Other Heart Disease.” Nat’l Ctr. for
Health Stat., Heart Disease in Adults: United States—1960–1962,
ser. 11, no. 6, at 6 (rprt. 1976) (1964).
The testimony here is consistent with that historical
understanding. Both cardiologists identified AFib as heart disease
and confirmed that it was recognized as such in the 1950s and
1960s. Dr. Perloff explained that AFib causes chaotic electrical
activity in the atria, preventing them from contracting normally.
Dr. Borzak likewise described how AFib disrupts the electrical
system that controls the heart’s pumping function.
Neither doctor found evidence of structural damage to
Durden’s heart or weakening through degradation of vessels or
valves. Both nevertheless agreed that AFib interferes with the
heart’s normal function. Durden’s AFib therefore falls within the
original meaning of “heart disease” under section 112.18.
B
The E/C argues that Harlem requires a different result. To be
sure, the JCC’s reliance on that decision is understandable. We
described “heart disease” as a disease affecting and weakening the
heart muscle through “degradation of the vessels or the valves.”
371 So. 3d at 377. That description would exclude Durden’s AFib
if read as an exhaustive definition.
But Harlem must be understood in light of the question it
decided. See Bryan A. Garner et al., The Law of Judicial Precedent
80 (2016) (explaining that judicial language must be interpreted
with reference to “the circumstances of the particular case and the
question under consideration”). The claimant there had a thoracic
aortic aneurysm, a condition affecting an artery extending from
the heart. In finding the aneurysm compensable, the JCC relied on
our earlier decision in City of Venice v. Van Dyke, 46 So. 3d 115
4
(Fla. 1st DCA 2010), which held that the claimant’s thoracic aortic
disease qualified as heart disease. The surgery in Van Dyke,
however, included reimplantation of the aortic valve and
reattachment of the coronary arteries. Id. at 115–16.
Van Dyke relied in part on a medical dictionary defining
“heart disease” as “any organic, mechanical, or functional
abnormality of the heart, its structures, or the coronary arteries.”
Id. at 116. It also treated the ascending aorta as a heart structure
because it appeared in a dictionary illustration. Harlem explained
why that illustration alone could not establish that the aorta was
part of the heart. 371 So. 3d at 371–74.
Even so, Harlem read Van Dyke as relying on the involvement
of the aortic valve, which supported an inference that the disease
had weakened part of the heart itself. Id. at 375. We then
examined the original meaning of “heart disease,” focusing on
coronary, hypertensive, and valvular conditions that burden and
weaken the heart muscle. Id. at 375–77. On that basis, we held
that the claimant’s thoracic aortic aneurysm was not heart disease
under section 112.18. Id. at 377.
Durden’s AFib presents a different question. Unlike the
aneurysm in Harlem, it affects the heart itself by disrupting the
electrical activity that controls normal atrial contractions. It is a
functional disorder of the kind recognized as heart disease when
section 112.18 was enacted.
Since the JCC ruled, we have addressed that distinction in
Village Center Community Development District v. Illeck, 51 Fla.
L. Weekly D1957, 2026 WL 2854377 (Fla. 1st DCA Sept. 23, 2026).
There, a firefighter suffered from supraventricular tachycardia
and atrial tachycardia, disorders involving the heart’s electrical
system. Id. at *1. Both medical experts testified that those
conditions were recognized as heart disease in 1965. Id. at *3. Yet
both agreed that the conditions did not meet the definition of
“heart disease” drawn from Harlem. Id. at *2.
We affirmed the award of benefits, explaining that Harlem
used a “limited-purpose definition” of “heart disease” suited to the
cardiovascular condition before it. Id. at *3. That definition did not
foreclose coverage of disorders involving the heart’s electrical
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system. Id. We also noted that our decisions have long treated
cardiac arrhythmias, including AFib, as heart disease under
section 112.18. Id.
The same reasoning applies here. Like the arrhythmias in
Illeck, Durden’s AFib disrupts the heart’s electrical function
without the vascular or valvular degradation described in Harlem.
With the remaining statutory requirements undisputed and the
rebuttal defense withdrawn, Durden’s AFib is compensable under
section 112.18. See Caldwell, 372 So. 2d at 440–41.
III
We set aside the JCC’s denial of compensability for Durden’s
AFib and the related benefit denials to the extent they rested on
that determination. On remand, the JCC must resolve the
remaining issues concerning Durden’s claims for AFib benefits.
The separate denial of compensability for hypertension, which
Durden does not challenge, remains undisturbed.
SET ASIDE in part and REMANDED.
ROBERTS and TREADWELL,* JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Vincent J. Leuzzi of Bichler & Longo, PLLC, Maitland, for
Appellant.
Brooke A. Shegda, George W. Boring, III, and George A. Helm, III,
of Public Entity Legal Solutions, Lake Mary, for Appellees.
Judge Treadwell was substituted for an original panel
*
member in this proceeding after oral argument.
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Nathan Koch and Katie B. Privett, Tallahassee, for Amicus Curiae
Florida Department of Financial Services and Florida Chief
Financial Officer.
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