Legal Opinion

Town of Castle Rock & Cirsa v. Industrial Claim Appeals Office

Colorado Court of Appeals

Decided July 3, 2013No. Court of Appeals No. 12CA2190PublishedCited by 9 opinions

1Opinion of the Court

Opinion by

JUDGE GRAHAM

T 1 This workers' compensation action raises a question of statutory interpretation: What evidence overcomes the statutory presumption of compensability articulated in section 8-41-209, C.R.8.2012? The statute provides that certain cancers contracted by firefighters with five or more years on the job shall be compensable under the Workers' Compensation Act (Act), sections 8-40-101 to 47-209, C.R.S8.2012. However, an employer may overcome the presumption "by a preponderance of the medical evidence that [the cancer] did not occur on the job." § 8-41-209(2)b), C.R.S.2012.…

2Cases cited16 opinions

  1. Colorado Water Conservation Board v. Upper Gunnison River Water Conservancy DistrictSupreme Court of Colorado · 2005
  2. Davison v. Industrial Claim Appeals OfficeSupreme Court of Colorado · 2004
  3. Carlson v. FerrisSupreme Court of Colorado · 2003
  4. Support, Inc. v. Industrial Claim Appeals Office of the ColoradoColorado Court of Appeals · 1998
  5. Dillard v. Industrial Claim Appeals OfficeColorado Court of Appeals · 2005

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3Cited by9 opinions

  1. Baum v. Industrial Claim Appeals OfficeColorado Court of Appeals · 2019
  2. Industrial Claim Appeals Office v. Town of Castle RockSupreme Court of Colorado · 2016
  3. Bolton v. Industrial Claim Appeals OfficeColorado Court of Appeals · 2019
  4. CITY AND COUNTY OF DENVER, Colorado v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado and Andrew SipresColorado Court of Appeals · 2021
  5. Industrial Claim Appeals Office v. Town of Castle Rock & CirsaSupreme Court of Colorado · 2016

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