Legal Opinion

City of Eugene v. McCann

Court of Appeals of Oregon

Decided March 7, 2012No. 0704605; A146910PublishedCited by 4 opinions

1Opinion of the CourtHadlock, J.

To establish the existence of an “occupational disease” that is compensable under the Workers’ Compensation Law, a claimant ordinarily “must prove that employment conditions were the major contributing cause of the disease.” ORS 656.802(2)(a). In some circumstances, however, firefighters do not have the burden to prove causation. Instead, the “firefighters’ presumption” deems certain medical conditions to presumptively have been caused by employment when those conditions are suffered by individuals who have worked as firefighters for at least five years:

“Death, disability or impairment of…

2Cases cited7 opinions

  1. Wright v. State Accident Insurance FundOregon Supreme Court · 1980
  2. Karjalainen v. Curtis Johnston & Pennywise, Inc.Court of Appeals of Oregon · 2006
  3. Young v. Hermiston Good SamaritanCourt of Appeals of Oregon · 2008
  4. Georgia-Pacific Corp. v. WarrenCourt of Appeals of Oregon · 1990
  5. Long v. Tualatin Valley FireCourt of Appeals of Oregon · 1999

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Armenta v. PCC Structural, Inc.Court of Appeals of Oregon · 2012
  2. Estacada Rural Fire District 69 v. HullCourt of Appeals of Oregon · 2013
  3. Guill v. M. Squared Transportation, Inc.Court of Appeals of Oregon · 2016
  4. Kalenius v. City of CorvallisCourt of Appeals of Oregon · 2021

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