Opinion
CASE NO. 1D11-4672
07-24-2012
AARON JOHNS, Appellant, v. CITY OF SANFORD and JOHNS EASTERN COMPANY, INC., Appellees.
Bradley Guy Smith of Smith, Feddeler, Smith & Miles, P.A., Lakeland, Susan W. Fox of Fox & Loquasto, P.A., Orlando, and Wendy S. Loquasto of Fox & Loquasto, P.A., Tallahassee, for Appellant. Lamar D. Oxford and Jeffry Branham of Dean, Ringers, Morgan & Lawton, P.A., Orlando, for Appellees.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
An appeal from an order of the Judge of Compensation Claims.
W. James Condry, II, Judge.
Date of Accident: February 19, 2010. Bradley Guy Smith of Smith, Feddeler, Smith & Miles, P.A., Lakeland, Susan W. Fox of Fox & Loquasto, P.A., Orlando, and Wendy S. Loquasto of Fox & Loquasto, P.A., Tallahassee, for Appellant. Lamar D. Oxford and Jeffry Branham of Dean, Ringers, Morgan & Lawton, P.A., Orlando, for Appellees. PER CURIAM.
AFFIRMED. See Punsky v. Clay County Sheriff's Office, 18 So. 3d 577, 584 (Fla. 1st DCA 2009) ("[I]f the employer's medical testimony shows that several non-work related factors or conditions are the cause of a heart attack, and such evidence is accepted and credited by the trier of fact, such testimony could be found sufficient as competent and substantial evidence to rebut the statutory presumption [in section 112.18, Florida Statutes,] and establish non-industrial causation."). DAVIS, VAN NORTWICK, and PADOVANO, JJ., CONCUR.