Workers’ Compensation

ORS 656.804
Occupational disease as an injury under Workers’ Compensation Law


Subject to ORS 656.005 (Definitions) (24) and 656.266 (Burden of proving compensability and nature and extent of disability) (2), an occupational disease, as defined in ORS 656.802 (Occupational disease), is considered an injury for employees of employers who have come under this chapter, except as otherwise provided in ORS 656.802 (Occupational disease) to 656.807 (Time for filing of claims for occupational disease). [Amended by 1965 c.285 §87; 1973 c.543 §2; 2001 c.865 §4]

Notes of Decisions

Medical evidence may support conclusion that symptoms are disease and compensable. Georgia-Pacific Corp. v. Warren, 103 Or App 275, 796 P2d 1246 (1990)

For purposes of assigning responsibility for occupational disease, triggering event is date claimant first sought or received medical treatment for condition, whether or not related to date of disability. Sunrise Electric, Inc. v. Ramirez, 181 Or App 401, 45 P3d 1057 (2002)


Source

Last accessed
May 26, 2023