Sudano v. Collier County Sheriff's Office

• Court: District Court of Appeal of Florida
• Decided: October 30, 2024
• Docket: 1D2023-2943
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D2023-2943 _____________________________

BRIAN SUDANO,

Appellant,

v.

COLLIER COUNTY SHERIFF’S OFFICE/FLORIDA SHERIFF’S RISK MANAGEMENT FUND,

Appellees. _____________________________

On appeal from the Office of the Judges of Compensation Claims. Jack Adam Weiss, Judge.

Date of Accident: June 8, 2021

October 30, 2024

PER CURIAM.

AFFIRMED. See City of Homestead v. Foust, 242 So. 3d 1169, 1171 n.3 (Fla. 1st DCA 2019) (holding that the presumption in section 112.18, Florida Statutes, only applies if a preemployment physical has been completed “upon entry into such service” meaning entry into the same category of service as is entitled to the presumption in the statute); see also City of Tavares v. Harper, 230 So. 3d 918, 920 (Fla. 1st DCA 2017) (“[T]o qualify for the presumption, Claimant was required to show, among other things, that he successfully passed a pre-employment physical examination.”).

ROBERTS, BILBREY, and NORDBY, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Kristine Callagy of Bichler & Longo, PLLC, Maitland, for Appellant.

William H. Rogner, Orlando, for Appellees.