Di Luzio v. City of Santa Fe

OPINION

FRY, Judge.

This case is on appeal from a workers’ compensation judge’s (WCJ) order granting Worker, a former City of Santa Fe firefighter, total disability benefits under the New Mexico Occupational Disease Disablement Law (Occupational Disease Act), NMSA 1978, §§ 52-3-1 to -60 (1945, as amended through 2013), following his diagnosis with mantle cell non-Hodgkin’s lymphoma. On appeal, Employer argues that application of Section 52-3-32.1, which creates a rebuttable presumption that certain diseases were proximately caused by firefighting, to these facts constitutes a retroactive…