Opinion
No. 405 EAL 2016
03-01-2017
CITY OF PHILADELPHIA FIRE DEPARTMENT v. WORKERS' COMPENSATION APPEAL BOARD (SLADEK) Petition of: Scott Sladek
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 firefighter 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?