City of Englewood v. HarrellAnnotate this Case
The Colorado Supreme Court accepted this case from the court of appeals because it had granted certiorari in two other cases involving similar issues ("City of Littleton v. Industrial Claim Appeals Office," 2016 CO 25, ___ P.3d ___, and "Industrial Claim Appeals Office v. Town of Castle Rock," 2016 CO 26, ___ P.3d ___). In these cases, the Court interpreted section 8-41-209, C.R.S. (2015), of the Workers’ Compensation Act of Colorado, which provided workers’ compensation overage, under certain conditions, for occupational diseases affecting firefighters. An employer can show, by a preponderance of the medical evidence, either: (1) that a firefighter’s known or typical occupational exposures are not capable of causing the type of cancer at issue, or (2) that the firefighter’s employment did not cause the firefighter’s particular cancer where, for example, the claimant firefighter was not exposed to the cancer-causing agent, or where the medical evidence renders it more probable that the cause of the claimant’s cancer was not job-related. Englewood firefighter Delvin Harrell was diagnosed with melanoma, underwent surgery to remove it, and sought workers' compensation benefits. Englewood sought to overcome the statutory presumption. Because the ALJ and the Panel in this case did not have the benefit of the Supreme Court's analysis in City of Littleton and Town of Castle Rock, it set aside the Panel’s order affirming the ALJ and remanded this case to the Panel with directions to return the matter to the ALJ for reconsideration in light of the "Littleton" and "Castle Rock" decisions.