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 or insurer may rebut the statutory presumption that a qualifying firefighter’s cancer resulted from employment by presenting particularized risk-factor evidence. The employer need not identify a specific alternative cause; it must show by a preponderance of the medical evidence that the firefighter’s employment probably did not cause the cancer. The court affirmed the court of appeals and remanded for reconsideration under this standard.