Lang v. Municipal Employees' Retirement System of Rhode IslandAnnotate this Case
The Supreme Court affirmed in part and quashed in part the final decree of the Workers' Compensation Court (WCC) upholding an award of accidental disability benefits for occupational cancer to Petitioner, holding that the WCC had jurisdiction to hear Petitioner's appeal but erred in finding that R.I. Gen. Laws 45-19.1-1 contains a conclusive presumption that all cancer in firefighters is occupational cancer.
Petitioner served as a firefighter for the City of Cranston until he was diagnosed with colon cancer. Petitioner applied for accidental disability benefit based upon his cancer diagnosis. The Retirement Board of the Municipal Employees' Retirement System of Rhode Island denied the application, finding that Petitioner did not prove that his cancer arose out of and in the course of his employment as a firefighter. The WCC then filed his petition arguing that, pursuant to chapter 19.1 of title 45, all cancers contracted by firefighters are presumed to be work-related. The trial judge agreed and reversed the board. The Supreme Court quashed the decree in part, holding that chapter 19.1 of title 45 does not contain any presumption that all cancers in firefighters are occupational cancers.