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RAUM v. CITY OF BELLEVUE

No. 67213-4-I.

286 P.3d 695 (2012)

Michael A. RAUM, Appellant, v. CITY OF BELLEVUE, Respondent.

Court of Appeals of Washington, Division 1.

October 8, 2012.

Attorney(s) appearing for the Case

Ronald Gene Meyers , Kenneth B. Gorton , Ron Meyers & Associates PLLC, Lacey, WA, L. Zoe Wild , MacColl Busch Sato PC, Lake Oswego, OR, for Appellant.

Cheryl Ann Zakrzewski , City of Bellevue, Bellevue, WA, for Respondent City of Bellevue.

Beverly Norwood Goetz , Ofc. of The Atty. Gen., Seattle, WA, for State of Washington.

LAU, J.

¶ 1 RCW 51.32.185 establishes a rebuttable evidentiary presumption that certain diseases suffered by firefighters are "occupational diseases" as defined by the Industrial Insurance Act (Act), chapter 51 RCW. The presumption extends to heart problems experienced within 24 hours of strenuous physical exertion due to firefighting activities. The presumption "may be rebutted by a preponderance of the evidence." RCW 51.32.185(1). City of Bellevue firefighter...

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