Time for filing of claims for occupational disease
- procedure
Source:
Section 656.807 — Time for filing of claims for occupational disease; procedure, https://www.oregonlegislature.gov/bills_laws/ors/ors656.html.
Notes of Decisions
Date on which claimant is informed by physician that claimant is suffering from occupational disease is date on which claimant is simply and directly informed that his disease arose out of employment. Liberty Northwest Ins. Corp. v. Meeker, 106 Or App 411, 807 P2d 342 (1991). But see Wayne-Dalton Corp. v. Mulford, 190 Or App 370, 79 P3d 894 (2003)
Determination of “later of the following dates” is by comparing each event with every other event in either paragraph. Bohemia, Inc. v. McKillop, 112 Or App 261, 828 P2d 1041 (1992)
Date of last injurious exposure cannot be used as injury date of occupational disease where resulting disability manifested itself prior to most recent employment. Papen v. Willamina Lumber Co., 123 Or App 249, 859 P2d 1166 (1993), Sup Ct review denied
Claimant is “informed” by physician if physician tells claimant expressly or in substance that claimant is suffering from occupational disease. Wayne-Dalton Corp. v. Mulford, 190 Or App 370, 79 P3d 894 (2003)
Start of one-year limitation period is measured from date last of four events occurs, regardless of whether some events occur after claim filing. Freightliner LLC v. Holman, 195 Or App 716, 98 P3d 1165 (2004)
Occupational disease that requires only medical services is not disabling. Interstate Metal v. Gibler, 228 Or App 180, 206 P3d 1151 (2009)
Time limitation period for filing claims is triggered by circumstances relating to occupational disease that is subject of claim and does not reset when claimant obtains subsequent employment. Baker v. Liberty Northwest Insurance Corporation, 257 Or App 205, 305 P3d 139 (2013), Sup Ct review denied
Law Review Citations
23 WLR 441, 456 (1987); 24 WLR 372 (1988)
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