City of Englewood v. Harrell

Summary

The court held that the statutory presumption for qualifying firefighter cancer claims may be rebutted by medical evidence showing either that occupational exposures cannot cause the type of cancer at issue or that the claimant's employment did not cause the particular cancer. An employer need not prove a specific alternative cause; it may prevail by showing that the claimant's individual risk factors make a nonoccupational origin more probable. Because the administrative law judge and the Industrial Claim Appeals Office applied a legally incorrect standard, the court set aside the Panel's order and remanded for reconsideration.