2017 ORS 656.804¹
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]

Note: See notes under 656.202 (Compensation payable to subject worker in accordance with law in effect at time of injury).

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)

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)

1 Legislative Counsel Committee, CHAPTER 656—Workers’ Compensation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors656.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 656, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano656.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.