Legal Opinion
Cunningham v. City of Manchester Fire Department
Supreme Court of New Hampshire
Decided April 3, 1987No. 85-489PublishedCited by 18 opinions
1Opinion of the CourtThayer, J.
This appeal presents three issues pertaining to the operation and application of RSA 281:2, V-a, a provision of the Workers’ Compensation Law which establishes a prima facie presumption that heart disease in firefighters is occupationally-related: (1) the proper evidentiary standard which the defendant must meet in order to rebut the presumption; (2) the specific type of expert testimony that constitutes acceptable rebuttal evidence; and (3) whether sufficient evidence exists in the record to rebut the presumption.
The plaintiff appeals the dismissal by the Superior Court (C. Flynn, J.) of her…
2Cases cited13 opinions
- Page v. City of RichmondSupreme Court of Virginia · 1978
- Wright v. State Accident Insurance FundOregon Supreme Court · 1980
- Cook v. City of Waynesboro Police DepartmentSupreme Court of Virginia · 1983
- Vincent v. City of New OrleansLouisiana Court of Appeal · 1976
- Sperbeck v. Department of Industry, Labor & Human RelationsWisconsin Supreme Court · 1970
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Appeal of Pennichuck Water Works, Inc.Supreme Court of New Hampshire · 2010
- Spivey v. City of BellevueWashington Supreme Court · 2017
- Byous v. Missouri Local Government Employees Retirement System Board of TrusteesMissouri Court of Appeals · 2005
- Gumbs-Heyliger v. CMW & Associates Corp.District Court, Virgin Islands · 2014
- Medlin v. County of Henrico PoliceCourt of Appeals of Virginia · 2001
13 more not listed; retrieve them via the Exa API.