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CITY OF PHILADELPHIA FIRE DEPARTMENT v. WORKERS COMPENSATION APPEAL BOARD (SLADEK). Petition of: Scott Sladek

Supreme Court of Pennsylvania2017-03-01No. No. 405 EAL 2016
167 A.3d 707

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Opinion

majority opinion

ORDER

PER CURIAM

AND NOW, this 1st day of March, 2017, the Petition for Allowance of Appeal is GRANTED, The issues, as stated by petitioner, are:

(1) Whether the Commonwealth Court, in a case of first impression, committed an error of law by misinterpreting Section 108(r) to require a Are-fighter diagnosed with cancer caused by an IARC Group I carcinogen to establish exposure to a specific carcinogen that causes his/her cancer in order to gain the rebuttable presumption provided by the law?

(2) Whether the Commonwealth Court committed an error of law by concluding that a legislatively-created presumption of compensability may be competently rebutted by a general causation opinion, based entirely upon epidemiology, without any opinion specific to the firefighter/claimant making the claim?