Town of Castle Rock and CIRSA v. Industrial Claim Appeals Office and Mike Zukowski, 2013COA109 (July 3, 2013)

“Cancer is a number of diseases subsumed within one diagnostic label.” Mary Burton Maggie Watson. Firefighter sought workers compensation benefits from Town. Per CRS 8-41-209, certain cancers are presumed covered, unless the employer can show by a preponderance of medical evidence the disease did not occur on the job. Both parties stipulated the statute’s presumption of coverage applied, and the only issue on appeal was whether the Town overcame that presumption. An administrative judge held, and the Industrial Claims Appeals Office affirmed, that a defendant must establish a specific non-work-related cause of the cancer to overcome the presumption. The court of appeals remanded, holding that requiring an employer to establish a specific cause may be an insurmountable barrier, and the correct standard to overcome the presumption was a preponderance of the evidence.

http://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2013/12CA2190-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=9018&courtid=1

Advertisements

Leave a comment

Filed under Workers Compensation

Brief this Case

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s