Oregon Statutes 656.266 – Burden of proving compensability and nature and extent of disability
(1) The burden of proving that an injury or occupational disease is compensable and of proving the nature and extent of any disability resulting therefrom is upon the worker. The worker cannot carry the burden of proving that an injury or occupational disease is compensable merely by disproving other possible explanations of how the injury or disease occurred.
Terms Used In Oregon Statutes 656.266
- occupational disease: means any disease or infection arising out of and in the course of employment caused by substances or activities to which an employee is not ordinarily subjected or exposed other than during a period of regular actual employment therein, and which requires medical services or results in disability or death, including:
(A) Any disease or infection caused by ingestion of, absorption of, inhalation of or contact with dust, fumes, vapors, gases, radiation or other substances. See Oregon Statutes 656.802
(2) Notwithstanding subsection (1) of this section, for the purpose of combined condition injury claims under ORS § 656.005 (7)(a)(B) only:
(a) Once the worker establishes an otherwise compensable injury, the employer shall bear the burden of proof to establish the otherwise compensable injury is not, or is no longer, the major contributing cause of the disability of the combined condition or the major contributing cause of the need for treatment of the combined condition.
(b) Notwithstanding ORS § 656.804, paragraph (a) of this subsection does not apply to any occupational disease claim. [1987 c.713 § 2; 2001 c.865 § 2]