Alaska Supreme Court

John E. Adamson, Petitioner and Cross-Respondent v. Municipality of Anchorage and Novapro Risk Solutions…

August 29, 20142014 Alas. LEXIS 183

Summary

The court affirmed that the firefighter substantially complied with the medical-examination requirements necessary to invoke the statutory presumption that his prostate cancer was work related. It held that the employer could not rebut the presumption with generalized evidence denying an occupational relationship between firefighting exposures and prostate cancer; rebuttal evidence had to be personal to the claimant. The court reversed the contrary part of the Commission's decision and remanded with instructions to reinstate the Board's decision.