Split Supreme Court Specifies Evidentiary Burdens in Firefighter Cancer Presumption Cases

A divided Pennsylvania Supreme Court last week reduced the onerous burden of proof that the Commonwealth Court had placed on firefighters suffering from cancer who sought benefits for their illness. Most states — including Alabama, Alaska, Arizona, California, Florida, Idaho, Maryland, Michigan, Missouri, Nevada, North Dakota, Ohio, Oregon, Tennessee, Virginia and Wisconsin — have a statutory presumption that certain types of cancers contracted by firefighters are the result of occupational exposure.   Pennsylvania created a presumption in July 2011, when lawmakers adde...