Opinion
1D2023-2943
10-30-2024
Brian Sudano, Appellant, v. Collier County Sheriff's Office/Florida Sheriff's Risk Management Fund, Appellees.
Kristine Callagy of Bichler & Longo, PLLC, Maitland, for Appellant. William H. Rogner, Orlando, for Appellees.
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Date of Accident: June 8, 2021
On appeal from the Office of the Judges of Compensation Claims. Jack Adam Weiss, Judge.
Kristine Callagy of Bichler & Longo, PLLC, Maitland, for Appellant.
William H. Rogner, Orlando, for Appellees.
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.