Claimant, a former firefighter, sought judicial review of decision of Board of Industrial Insurance Appeals affirming Department of Labor and Industries’ (DLI’s) denial of workers’ compensation benefits related to claimant’s bladder cancer allegedly caused by firefighting activities.
The Superior Court granted claimant’s summary judgment motion. City appealed.
The Court of Appeals held that:
- City’s evidence showing that firefighting in general does not cause bladder cancer was insufficient to create a question of fact as to whether statutory presumption of compensability was rebutted;
- City failed to prove nonoccupational factors caused claimant’s bladder cancer; and
- Claimant was entitled to attorney fees.