Workers' Compensation

ORS 656.807
Time for filing of claims for occupational disease

  • procedure


(1)

All occupational disease claims shall be void unless a claim is filed with the insurer or self-insured employer by whichever is the later of the following dates:

(a)

One year from the date the worker first discovered, or in the exercise of reasonable care should have discovered, the occupational disease; or

(b)

One year from the date the claimant becomes disabled or is informed by a physician that the claimant is suffering from an occupational disease.

(2)

If the occupational disease results in death, a claim may be filed within one year from the date that the worker’s beneficiary first discovered, or in the exercise of reasonable care should have discovered, that the cause of the worker’s death was due to an occupational disease.

(3)

The procedure for processing occupational disease claims shall be the same as provided for accidental injuries under this chapter. [Amended by 1953 c.440 §2; 1959 c.351 §2; 1965 c.285 §87a; 1973 c.543 §3; 1981 c.535 §47; 1981 c.854 §55; 1985 c.212 §10; 1987 c.713 §6]

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)

Chapter 656

Notes of Decisions

Party having affirmative of any issue must prove it by preponderance of evidence unless legislature fixes some different quantum of proof. Hutcheson v. Weyerhaeuser Co., 288 Or 51, 602 P2d 268 (1979)

Amendments to existing statutes and enactment of additional statutes by 1995 legislation generally apply to pending cases and to orders still appealable on June 7, 1995, effective date. Volk v. America West Airlines, 135 Or App 565, 899 P2d 746 (1995), Sup Ct review denied

Amendments to existing statutes and enactment of additional statutes by 1995 legislation do not extend or shorten procedural time limitations with regard to actions taken prior to June 7, 1995, effective date. Motel 6 v. McMasters, 135 Or App 583, 899 P2d 1212 (1995)

Atty. Gen. Opinions

Benefit unavailability for inmates engaged in prison work programs, (1996) Vol 48, p 134

Law Review Citations

24 WLR 321, 341 (1988); 32 WLR 217 (1996)


Source

Last accessed
Jun. 26, 2021