STORY FROM: Benzene & Emerging Toxic Torts Litigation

Pa. Court Affirms Denial of Benefits to Former Firefighter for Cancer He Said Was Caused by Diesel Exhaust

PHILADELPHIA – A Pennsylvania court has affirmed the denial of benefits to a former firefighter, saying that the claimant had failed to meet his burden that his cancer was a compensable occupational disease under the Workers’ Compensation Act.

In the Jan. 9 order, the Pennsylvania Commonwealth Court wrote that the Workers’ Compensation Judge, and a subsequent Appellate Board decision, had correctly rejected testimony from the claimant that failed to meet causation standards.

Claimant Eugene Capaldi filed a petition for review, contending that the Workers’ Compensation Appeal Board erred when it denied his claim for benefits. Capaldi said that his ...

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