Claimant’s Conversation With Fellow Firefighter About Act 46 Cancer Presumption Was Not the Date He Became Aware of His Cancer’s Relationship to His Employment; Therefore, Notice Was Properly Given and Claimant’s Claim Petition Was Timely Filed

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West Conshohocken Borough v. David Markland (WCAB); No. 1382 C.D. 2022; filed Jan. 2, 2025 – This case involved a Claim Petition filed based on an occupational disease. The claimant worked as a firefighter and filed an Act 46 firefighter/cancer claim, alleging he sustained colon cancer as of August 23, 2019. In his petition, he listed his last day of work and exposure as September 1, 2018, and his date of injury/onset of disease as August 23, 2019….
By: Marshall Dennehey
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Right to Subrogation for Medical Bill Payments Not Waived by Failing to Properly Preserve Issue at All Stages of Litigation, Including Appellate Stage, and Appeal Not Subject to Immediate Dismissal Due to Technical Defect Promptly and Properly Cured