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CITY OF EDMOND v. VERNON

No. 105,820. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4.

210 P.3d 860 (2008)

2009 OK CIV APP 36

CITY OF EDMOND, Own Risk # 14514, Petitioner/Appellant, v. Timothy K. VERNON and The Workers' Compensation Court, Respondents/Appellees.

Court of Civil Appeals of Oklahoma, Division No. 4.

Certiorari Denied March 30, 2009.

Attorney(s) appearing for the Case

Charles G. Braun, Hornbeek Vitali & Braun, P.L.L.C., Oklahoma City, OK, for Petitioner/Appellant.

Jeffrey M. Cooper, Homsey, Cooper, Hill & Associates, Oklahoma City, OK, for Respondent/Appellee.

DOUG GABBARD II, Presiding Judge.

¶ 1 Petitioner, City of Edmond, seeks review of a workers' compensation court order awarding benefits to Respondent, Timothy K. Vernon (Claimant). City challenges the constitutionality of 11 O.S. Supp.2008 § 49-110, which creates a presumption that municipal firefighters who are disabled by cancer incurred the disease while performing job-related duties. We find the statute constitutional and sustain the order.

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