Fairfax County Fire & Rescue Services v. Newman

In this workmen’s compensation appeal, we determine two questions: Whether the employer in the hearing below effectively rebutted the presumption contained in Code § 65.1-47.11 and whether the presumption violates the due process clauses of the United States and Virginia Constitutions.

The Fairfax County Fire and Rescue Services (Employer) employed Robert E. Newman as a fire fighter/paramedic on November 1, 1971. As a requirement of his employment, Newman underwent annual physical examinations which, until October 26, *5371978, had revealed no respiratory or pulmonary disease. On that date, he…