legislatively created presumption (Pennsylvania) · Go Syfert
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legislatively created presumption in Pennsylvania

5 Pennsylvania opinions name it 3 courts 1973–2025 1 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
City of Philadelphia Fire Department v. Workers' Compensation Appeal Board (Sladek)green
pa · 2017 · cited in 3 Pennsylvania opinions naming this issue, 2018–2018
2 sentences

2018(Id., No. 3(l).) 2 In Sladek, the Supreme Court granted review on the following issues: (1) Whether the Commonwealth Court, in a case of first impression, committed an error of law by misinterpreting Section 108(r) to require a firefighter diagnosed with cancer caused by an IARC Group I carcinogen to establish exposure to a specific carcinogen that causes his/her cancer in order to gain the rebuttable presumption provided by the law?; and (2) Whether the Commonwealth Court committed an error of law by concluding that a legislatively-created presumption of compensability may be competently rebu

2018Before that time, he had never been treated or diagnosed with any type of cancer. [Id., No. 3(b) and (o).] By way of background, his father and two uncles had prostate cancer when they were in their seventies. [Id., No. 3(q).] Additionally, 2 In Sladek, the Supreme Court granted review on the following issues: (1) Whether the Commonwealth Court, in a case of first impression, committed an error of law by misinterpreting Section 108(r) to require a firefighter diagnosed with cancer caused by an IARC Group I carcinogen to establish exposure to a specific carcinogen that causes his/her cancer in

23
Dean v. Com., Dept. of Transp.green
pa · 2000 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See Dean v. Dep’t of Transp., 751 A.2d 1130, 1132 (Pa. 2000).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
DiGIROLAMO v. Apanavage green
pa · 1973
1 sentence

1973As Justice Manderino said in his dissenting opinion to DiGirolamo : “A legislative enactment which provides any defendant with immunity from suit is unconstitutional.” 454 Pa. at 575 .

11973–1973

Where else courts name it

TX 14 (1993–2019) CA 9 (1978–2015) WA 7 (1977–2003) MI 6 (1985–2026) PA 5 (1973–2025) GA 4 (2017–2025) ME 4 (1994–2025) RI 3 (2003–2025) VA 3 (2001–2001) LA 3 (1998–2016) WI 2 (2015–2016) FL 2 (2002–2002) NM 2 (2005–2012) MD 2 (1987–1997)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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