City of Littleton v. Indus. Claim Appeals Office

Littleton firefighter Jeffrey Christ was diagnosed with glioblastoma multiforme (“GBM,” a type of brain cancer). After undergoing surgery, chemotherapy, and radiation, he returned to work, but ultimately died as a result of the disease. He (and later his widow and child) sought workers’ compensation benefits to cover his cancer treatment, asserting that his brain cancer qualified as a compensable occupational disease under the “firefighter statute” of the Workers’ Compensation Act of Colorado. .At issue here was whether Christ’s employer, the City of Littleton, and Littleton’s insurer, Cannon Cochran Management Services, Inc. (collectively “Littleton”), successfully overcame a statutory presumption that Christ’s condition resulted from his employment as a firefighter. After review, the Supreme Court held that the employer, through a preponderance of the evidence, could meet its burden to show the firefighter's cancer "did not occur on the job" by establishing the absence of specific causation. Here, the ALJ applied the statutory presumption and found that Littleton established by a preponderance that Christ's GBM condition was not caused by his occupational exposures. A panel of the Industrial Claim Appeals Office (“Panel”) reversed, concluding that Littleton’s medical evidence was insufficient to overcome the presumption. In a split decision, a division of the court of appeals affirmed the Panel. Because the Supreme Court disagreed with the court of appeals’ interpretation of the breadth of the statutory presumption and of the employer’s burden to overcome the presumption, the Court concluded that the court of appeals erroneously evaluated the medical evidence presented by Littleton and erroneously failed to defer to the ALJ’s findings of fact, which are supported by substantial evidence. The court of appeals' judgment was therefore reversed and the case remanded back to the Panel for reinstatement of the ALJ’s original findings of fact, conclusions of law, and order. View "City of Littleton v. Indus. Claim Appeals Office" on Justia Law