Oregon Revised Statutes

Or. Rev. Stat. § 656.807 (2026)

Time for filing of claims for occupational disease; procedure

✓ current as of May 2026

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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]

656.808 [Amended by 1957 c.559 §2; 1965 c.285 §88; repealed by 1973 c.543 §4]

656.810 [Amended by 1959 c.351 §3; 1965 c.285 §89; repealed by 1973 c.543 §4]

656.812 [Amended by 1959 c.351 §4; repealed by 1973 c.543 §4]

656.814 [Amended by 1965 c.285 §90; repealed by 1973 c.543 §4]

656.816 [Amended by 1959 c.351 §5; 1965 c.285 §91; repealed by 1973 c.543 §4]

656.818 [Amended by 1959 c.351 §6; 1965 c.285 §92; repealed by 1973 c.543 §4]

656.820 [Repealed by 1973 c.543 §4]

656.822 [Amended by 1965 c.285 §92a; repealed by 1973 c.543 §4]

656.824 [Repealed by 1981 c.854 §1]

PROFESSIONAL EMPLOYER ORGANIZATIONS AND WORKER LEASING COMPANIES

Notes of Decisions

Cited in 52 cases (1 in the last 5 years), 1970–2024 · leading case: Fossum v. State Accident Ins. Fund, 619 P.2d 233 (Or. 1980).

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Fossum v. State Accident Ins. Fund, 619 P.2d 233 (Or. 1980). · cites it 49× “The issue to be decided is whether, by reason of the provisions of ORS 656.807, the claim of the widow for widow’s benefits is barred by passage of five years after his last exposure in employment to asbestos.”

Zanetti v. City of Portland, 562 P.3d 317 (Or. Ct. App. 2024). · cites it 45× “City of Portland should have discovered, the occupational disease; or within one year from the date you became disabled or were informed by a physician that you were suffering from an occupational disease, as required by ORS 656.807; “2. Your claim was not filed within 30 days…”

Matter of Fossum, 619 P.2d 233 (Or. 1980). · cites it 49× “The issue to be decided is whether, by reason of the provisions of ORS 656.807, the claim of the widow for widow's benefits is barred by passage of five years after his last exposure in employment to asbestos.”

Inkley v. Forest Fiber Prods. Co., 605 P.2d 1175 (Or. 1980). · cites it 7× “807(1) provides, in part: «* * * [Occupational disease claims shall be void unless a claim is filed with the State Accident Insurance Fund or direct responsibility employer * * * within 180 days from the date the claimant becomes disabled or is informed by a physician that he is…”

Beaudry v. Winchester Plywood Co., 469 P.2d 25 (Or. 1970). · cites it 12× “ORS 656.807 (4) provides as follows: "The procedure for allowing, denying, processing or closing occupational disease claims shall be the same as provided for accidental injuries under ORS 656.”

Holden v. Willamette Indus., Inc., 560 P.2d 298 (Or. Ct. App. 1977). · cites it 6× “ORS 656.807(1) then provided: "Except as otherwise limited for silicosis, all occupational disease claims shall be void unless a claim is filed with the State Accident Insurance Fund or direct responsibility employer within three years after the last exposure in employment…”

Stone v. State Accident Ins. Fund Corp., 646 P.2d 668 (Or. Ct. App. 1982). · cites it 7× “He concedes that his claim was filed more than five years after his last injurious exposure and thus would be barred under former ORS 656.807(1). 1 He contends, however, that the statute is unconstitutional as applied to his claim for asbestosis.”

Baker v. Liberty Nw. Ins., 305 P.3d 139 (Or. Ct. App. 2013). · cites it 25× “One board member dissented, reasoning that claimant’s work exposure after his 2003 diagnosis had contributed to claimant’s left shoulder condition to the extent that the current claim was a new occupational disease — distinct from the condition that existed in 2003 — and…”

Freightliner LLC v. Holman, 98 P.3d 1165 (Or. Ct. App. 2004). · cites it 7× “In a July 12 letter, a physician verified what claimant already knew, that is, that he had work-related hearing loss.”

Gronquist v. State Accident Ins. Fund, 547 P.2d 1374 (Or. Ct. App. 1976). · cites it 5× “1 The relevant statute, ORS 656.807, provides in part: "(1) * * * [A]ll occupational disease claims shall be void unless a claim is filed * * * within 180 days from the date the claimant becomes disabled or is informed by a physician that he is suffering from an occupational…”

Gladhart v. Oregon Vineyard Supply Co., 26 P.3d 817 (Or. 2001). “638(5) (1977) (actions for unlawful trade practices “shall be commenced within one year from the discovery of the unlawful method, act or practice”); ORS 656.807(1) (1977) (claims for occupational disease shall commence “180 days from the date the claimant becomes disabled or is…”

McPhail v. Milwaukie Lumber Co., 999 P.2d 1144 (Or. Ct. App. 2000). · cites it 2× “ORS 656.807 has a similar effect for an occupational disease claim.”

Show all 52 citing cases →

— Or. Rev. Stat. § 656.807(1) — 36 cases

Inkley v. Forest Fiber Prods. Co., 605 P.2d 1175 (Or. 1980). “807(1) provides, in part: «* * * [Occupational disease claims shall be void unless a claim is filed with the State Accident Insurance Fund or direct responsibility employer * * * within 180 days from the date the claimant becomes disabled or is informed by a physician that he is…”

Holden v. Willamette Indus., Inc., 560 P.2d 298 (Or. Ct. App. 1977). “ORS 656.807(1) then provided: "Except as otherwise limited for silicosis, all occupational disease claims shall be void unless a claim is filed with the State Accident Insurance Fund or direct responsibility employer within three years after the last exposure in employment…”

Freightliner LLC v. Holman, 98 P.3d 1165 (Or. Ct. App. 2004). “In a July 12 letter, a physician verified what claimant already knew, that is, that he had work-related hearing loss.”

Fossum v. State Accident Ins. Fund, 619 P.2d 233 (Or. 1980). “The issue to be decided is whether, by reason of the provisions of ORS 656.807, the claim of the widow for widow’s benefits is barred by passage of five years after his last exposure in employment to asbestos.”

Stone v. State Accident Ins. Fund Corp., 646 P.2d 668 (Or. Ct. App. 1982). “He concedes that his claim was filed more than five years after his last injurious exposure and thus would be barred under former ORS 656.807(1). 1 He contends, however, that the statute is unconstitutional as applied to his claim for asbestosis.”

— Or. Rev. Stat. § 656.807(1)(a) — 1 case

Zanetti v. City of Portland, 562 P.3d 317 (Or. Ct. App. 2024). “City of Portland should have discovered, the occupational disease; or within one year from the date you became disabled or were informed by a physician that you were suffering from an occupational disease, as required by ORS 656.807; “2. Your claim was not filed within 30 days…”

— Or. Rev. Stat. § 656.807(1)(b) — 1 case

— Or. Rev. Stat. § 656.807(2) — 6 cases

Matter of Fossum, 619 P.2d 233 (Or. 1980). “The issue to be decided is whether, by reason of the provisions of ORS 656.807, the claim of the widow for widow's benefits is barred by passage of five years after his last exposure in employment to asbestos.”

Gronquist v. State Accident Ins. Fund, 547 P.2d 1374 (Or. Ct. App. 1976). “1 The relevant statute, ORS 656.807, provides in part: "(1) * * * [A]ll occupational disease claims shall be void unless a claim is filed * * * within 180 days from the date the claimant becomes disabled or is informed by a physician that he is suffering from an occupational…”

Fossum v. State Accident Ins. Fund, 607 P.2d 773 (Or. Ct. App. 1980).

Matter of Gronquist, 547 P.2d 1374 (Or. Ct. App. 1976).

— Or. Rev. Stat. § 656.807(3) — 2 cases

Reynoldson v. Multnomah Cnty., 75 P.3d 477 (Or. Ct. App. 2003).

— Or. Rev. Stat. § 656.807(4) — 9 cases

Beaudry v. Winchester Plywood Co., 469 P.2d 25 (Or. 1970). “ORS 656.807 (4) provides as follows: "The procedure for allowing, denying, processing or closing occupational disease claims shall be the same as provided for accidental injuries under ORS 656.”

O'NEAL v. Sisters of Providence, 537 P.2d 580 (Or. Ct. App. 1975).

— Or. Rev. Stat. § 656.807(5) — 4 cases

Johnson v. State Accident Ins. Fund Corp., 714 P.2d 1098 (Or. Ct. App. 1986).

Brown v. SAIF Corp., 717 P.2d 1289 (Or. Ct. App. 1986).

Robinson v. State Accident Ins. Fund Corp., 686 P.2d 1053 (Or. Ct. App. 1984).

Farmers Ins. Grp. v. State Accident Ins. Fund, 709 P.2d 757 (Or. Ct. App. 1985).

— Or. Rev. Stat. § 656.807(l)(b) — 2 cases

Wayne-Dalton Corp. v. Mulford, 79 P.3d 894 (Or. Ct. App. 2003).

City of Albany v. Cary, 117 P.3d 1062 (Or. Ct. App. 2005).

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