Martin v. City of Portland

Claimant seeks judicial review of an order of the Workers’ Compensation Board holding that he had not carried his burden of proving that his work was the major contributing cause of his respiratory conditions. We review for substantial evidence and errors of law. ORS 183.482(8). Because the Board erroneously held that claimant’s evidence was insufficient under ORS 656.266 as a matter of law, we reverse and remand.

Claimant began working as a mechanic for the City of Portland (employer) in December 1993. Before starting that job, claimant had a history of childhood asthma. Besides a respiratory…