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Or. Rev. Stat. § 656.804

Occupational disease as an injury under Workers’ Compensation Law

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      656.804 Occupational disease as an injury under Workers’ Compensation Law. Subject to ORS 656.005 (24) and 656.266 (2), an occupational disease, as defined in ORS 656.802, is considered an injury for employees of employers who have come under this chapter, except as otherwise provided in ORS 656.802 to 656.807. [Amended by 1965 c.285 §87; 1973 c.543 §2; 2001 c.865 §4]

 

      656.806 [Repealed by 2005 c.221 §4]

Notes of Decisions
Cited in 38 cases, 1957–2019 · leading case: Errand v. Cascade Steel Rolling Mills, Inc.
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Errand v. Cascade Steel Rolling Mills, Inc. (1995) or · cites it 4× “005(7)(a) (as interpreted by this court in Drews ), and the facts as found by the referee and adopted by the Board, it has been established that plaintiff did not have the right to be compensated under the Workers' Compensation Law for the injury he suffered, as that term is…”
Beaudry v. Winchester Plywood Company (1970) or · cites it 5× “ORS 656.804(1) [6] specifies that an occupational disease, as defined, is to be "considered an injury" for the employees of employers who come under the accidental injury portion of the law.”
McGarrah v. State Accident Insurance Fund Corp. (1983) or · cites it 2× “An occupational disease is considered an injury except as otherwise provided in the Occupational Disease Law, ORS 656.804. As such, the disease may be a nondisabling compensable injury if it requires medical services only, ORS 656.”
Runft v. Saif Corp. (1987) or · cites it 2× “SAIF’s denial of this claim made no mention of the possible responsibility of any other employer or of the last injurious exposure rule. The Court of Appeals was correct that both compensability and responsibility were at issue at the time of hearing.”
Lusk v. Monaco Motor Homes, Inc. (1989) orctapp · cites it 2× “[2] ORS 656.804 provides that an occupational disease "is considered an injury for employes of employers who have come under ORS 656.”
Roberts v. SAIF Corp. (2006) or · cites it 2× “[1] Oregon law defines "occupational disease" in part as "any disease or infection arising out of and in the course of employment * * *[,]" ORS 656.802(1)(a), and considers an occupational disease "an injury for employees of employers who have come under this chapter * * * [']"…”
Weller v. Union Carbide Corp. (1979) or “ORS 656.804. The foregoing establishes the validity , of the issue posed at the outset of this opinion.”
Stovall v. Sally Salmon Seafood (1988) or · cites it 2× “" By ORS 656.804 this provision is applicable to claims under the Occupational Disease Law.”
Matter of Compensation of Bracke (1982) or “ORS 656.804. Claimant’s disease is deemed a “compensable injury” because it arises “out of and in the course of employment requiring medical services or resulting in disability,” ORS 656.”
Alcutt v. Adams Family Food Services, Inc. (2013) orctapp · cites it 3× “804, 7 he argued, “That the instant case involves a specific traumatic event (injury), and not a series of events or exposures over time, (occupational disease) does not divest this Court of subject matter jurisdiction over Plaintiffs tort claims arising out of Defendant’s…”
Schleiss v. SAIF Corp. (2013) or ““(b) Notwithstanding ORS 656.804, paragraph (a) of this subsection does not apply to any occupational disease claim.”
James v. State Accident Insurance Fund (1981) or “Ordinarily, it is immaterial whether a claim is based upon "accidental injury” or "occupational disease” because "An occupational disease * * * is considered an injury * * ORS 656.804. The Court of Appeals, in the present case, held: "A mental condition of the type at issue in…”
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— Or. Rev. Stat. § 656.804(1) — 3 cases
Beaudry v. Winchester Plywood Company (1970) or “ORS 656.804(1) [6] specifies that an occupational disease, as defined, is to be "considered an injury" for the employees of employers who come under the accidental injury portion of the law.”
Geenty v. Hyster, Inc. (1975) orctapp
Sowell v. Workmen's Compensation Board (1970) orctapp
— Or. Rev. Stat. § 656.804(2) — 1 case
Concannon v. Oregon Portland Cement Co. (1968) or
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