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CUNNINGHAM v. MANCHESTER FIRE DEP'T

No. 85-489.

129 N.H. 232 (1987)

DEBORAH A. CUNNINGHAM, ADM'X OF THE ESTATE OF KENNETH YOUNG v. CITY OF MANCHESTER FIRE DEPARTMENT

Supreme Court of New Hampshire.

April 3, 1987.

Attorney(s) appearing for the Case

Craig and Wenners P.A., of Manchester (Vincent A. Wenners, Jr., on the brief and orally), for the plaintiff.

Devine, Millimet, Stahl and Branch P.A., of Manchester (Eileen Fox on the brief and orally), for the defendant.

THAYER, J.

This appeal presents three issues pertaining to the operation and application of RSA 281:2, V-a, a provision of the Workers' Compensation Law which establishes a prima facie presumption that heart disease in firefighters is occupationally-related: (1) the proper evidentiary standard which the defendant must meet in order to rebut the presumption; (2) the specific type of expert testimony that constitutes acceptable rebuttal evidence; and (3) whether sufficient...

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