222 A.3d 912
R.I.2019Background:
- Kevin Lang served as a Cranston firefighter from 1996 and was diagnosed with colon cancer in Sept. 2012; the city placed him on injured-on-duty status and he later applied for accidental disability retirement benefits under § 45-21.2-9.
- The Municipal Employees’ Retirement System (the board) denied the application in 2015, finding Lang had not shown his cancer arose out of firefighting exposures; Lang appealed to the Workers’ Compensation Court (WCC) under § 45-21.2-9(f).
- The board moved to dismiss for lack of subject-matter jurisdiction (arguing appeals belong in Superior Court); the WCC denied dismissal, found § 45-19.1-1 created a conclusive presumption that firefighter cancer is occupational, and awarded benefits.
- The Appellate Division of the WCC affirmed; the Supreme Court granted certiorari to review jurisdictional and statutory-presumption questions.
- The factual record showed physicians agreed Lang was disabled but none could definitively attribute his cancer to firefighting exposures; Lang later died and his executrix continued the appeal.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Does the WCC have subject-matter jurisdiction to hear appeals from board denials of accidental-disability claims filed after injured-on-duty placement under § 45-19-1(j)? | § 45-21.2-9(f) authorizes appeals to the WCC for board decisions on such claims. | § 45-21.2-9(f) refers only to board decisions "pursuant to § 45-19-1," so the WCC lacks jurisdiction when the board acts under § 45-21.2-9. | The WCC has jurisdiction over appeals when the applicant filed under the timing/mandate of § 45-19-1(j); read in context with the Workers’ Comp Act, § 45-21.2-9(f) gives WCC effective jurisdiction. |
| 2. Is occupational cancer an "injury" or otherwise within the scope of § 45-21.2-9 appeal rights? | Occupational cancer falls within § 45-21.2-9 (including subsection (e)) and is appealable to the WCC. | Occupational cancer is distinct from "injury" in § 45-21.2-9(a); if Legislature meant to include it in (f) it would have said so. | Occupational cancer is encompassed by § 45-21.2-9 and appeals arising under it may be heard by the WCC. |
| 3. Are proceedings in the WCC under § 45-21.2-9(j) limited to procedural case-management, or may the WCC apply substantive workers’ compensation law (e.g., treat cancer as occupational disease; determine date of disablement)? | § 45-21.2-9(j) subjects proceedings to chapters 29–38 of title 28; WCC may apply substantive law de novo. | (Board) § 45-21.2-9(j) merely grants case-management tools, not substantive authority. | The WCC proceedings are de novo and subject to chapters 29–38; the WCC may apply substantive workers’ compensation provisions (including occupational-disease treatment and date-of-disablement rules). |
| 4. Does § 45-19.1-1 create a conclusive (or any) presumption that any cancer diagnosis in a firefighter is an "occupational cancer" entitling the firefighter to benefits without causation proof? | (Petitioner/WCC below) § 45-19.1-1(b) and the legislative findings effectively establish a conclusive presumption that firefighter cancers arise from employment. | (Respondent) Chapter 19.1 contains no express presumption; the statutory definition of "occupational cancer" requires proof the cancer arose from on-the-job exposures. | Chapter 19.1 contains no conclusive or rebuttable presumption; a firefighter must prove the cancer meets the statutory definition of "occupational cancer" (i.e., causation from workplace exposures). |
Key Cases Cited
- Plante v. Stack, 109 A.3d 846 (R.I. 2015) (certiorari review limited to legal error and whether record supports findings)
- O’Connell v. Walmsley, 156 A.3d 422 (R.I. 2017) (statutory interpretation requires reading provisions in context and avoiding absurd results)
- City of East Providence v. Int’l Ass’n of Firefighters Local 850, 982 A.2d 1281 (R.I. 2009) (discussed chapter 19.1 in arbitrator-review context; did not decide de novo statutory scope of occupational-cancer benefits)