Supreme Court of Colorado

Industrial Claim Appeals Office v. Town of Castle Rock

May 2, 20162016 CO 26

Summary

The court held that an employer may rebut the statutory presumption that a qualifying firefighter's cancer is job-related by presenting particularized risk-factor evidence showing that the cancer more probably arose from a non-work source. The employer need not prove a specific alternate cause, but must establish by a preponderance of the medical evidence that employment did not cause the particular cancer. The court affirmed the court of appeals and remanded for reconsideration by the administrative law judge.