TTH attorneys Jim Tinnyo and John Morgan recently prevailed before a greater Philadelphia area Workers’ Compensation Judge in an Act 46 Fatal Claim Petition – one of the most difficult petitions to defend given the complexity of the scientific issues and the evidentiary advantages afforded to claimants. The claimant attempted to prove that the decedent’s cancer was attributable to his firefighting service. Jim spent hours examining expert witnesses on the epidemiological literature regarding firefighting and cancer, methodically demonstrating that study after study showed no link between firefighting and the decedent’s type of cancer. Jim also highlighted that the International Agency for Research on Cancer (IARC) had meticulously studied this issue and found inadequate evidence linking firefighting to the type of cancer in dispute. The WCJ was not convinced by the claimant’s expert evidence and rejected it entirely, largely adopting the reasoning argued in the brief prepared by John.

Questions about this matter can be directed to Jim Tinnyo at 717-237-7121 or jtinnyo@tthlaw.com, or John Morgan at 267-861-7580 or jmorgan@tthlaw.com.