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In
the matter of Thomas Mangiameli v Village of Hoffman Estates, 17WC 30825 ,
21IWCC 0416 the Commission decided what degree of evidence was needed to rebut
the presumption that a firefighters cancer was causally related to his
employment.
The Commission found that based on legislative history , that section 6 (f)
does not require a strong rebuttable presumption, requiring clear and
convincing evidence. Rather, we conclude that the legislature intended an
ordinary rebuttable presumption to apply , simply requiring the employer to offer
some evidence sufficient to support a finding that something other than
claimant’s occupation as a firefighter caused his condition.
This decision will not only effect firefighters but will be the Commission’s
view on the standard necessary to rebut the presumption in COVID cases. The case is currently on Appeal before
the Circuit Court.
NWCDN Attorneys Adam Maciorowski and Robert Maciorowski represented
the Respondent Employer Village of Hoffman Estates in establishing this favorable
standard of evidence.