Indus. Claim Appeals Office v. Town of Castle RockAnnotate this Case
Castle Rock firefighter Mike Zukowski was diagnosed with melanoma. He had three surgeries to remove the melanoma and was then released to return to work on full duty. He sought both medical benefits and temporary total disability benefits under the "firefighter statute" of the Workers’ Compensation Act of Colorado, asserting that his melanoma qualified as a compensable occupational disease. At issue here was whether Zukowski’s employer, the Town of Castle Rock, and Castle Rock’s insurer, the Colorado Intergovernmental Risk Sharing Agency (collectively, “Castle Rock”), could overcome a statutory presumption that Zukowski’s condition resulted from his employment as a firefighter by presenting evidence indicating that Zukowski’s risk of melanoma from other sources was greater than his risk of melanoma from firefighting. 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, Castle Rock sought to establish the absence of specific causation by presenting evidence indicated that Zukowski's particular risk of developing melanoma from other, non-job-related sources outweighed his risk of developing it from on-the-job, and that an employer could rely on such evidence to overcome the statutory presumption. The Court affirmed the court of appeals and remanded this case back to the ALJ for reconsideration.