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CASTLE ROCK v. INDUS. CLAIM APPEALS OFFICE

Court of Appeals No. 12CA2190.

373 P.3d 609 (2013)

2013 COA 109

TOWN OF CASTLE ROCK and CIRSA, Petitioners, v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado and Mike Zukowski, Respondents.

Colorado Court of Appeals, Div. V.

Announced July 3, 2013.

Attorney(s) appearing for the Case

Ritsema & Lyon, P.C., Paul Krueger , Alana S. McKenna , Denver, Colorado, for Petitioners

No Appearance for Respondent Industrial Claims Appeals Office.

Law Office of O'Toole and Sbarbaro, P.C., Neil D. O'Toole , Denver, Colorado, for Respondent Mike Zukowski.

Opinion by JUDGE GRAHAM

¶ 1 This workers' compensation action raises a question of statutory interpretation: What evidence overcomes the statutory presumption of compensability articulated in section 8-41-209, C.R.S.2012? The statute provides that certain cancers contracted by firefighters with five or more years on the job shall be compensable under the Workers' Compensation Act (Act), sections 8-40-101 to -47-209, C.R.S.2012. However, an employer...

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