IN THE SUPREME COURT OF PENNSYLVANIA
EASTERN DISTRICT
CITY OF PHILADELPHIA FIRE : No. 405 EAL 2016
DEPARTMENT :
:
: Petition for Allowance of Appeal from
v. : the Order of the Commonwealth Court
:
:
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?