Smith v. Cadillac

Claimant filed a claim alleging that he contracted an occupational disease as defined in ORS 656.802 (Ilia)1. The referee found that claimant had suffered a compensable occupational disease involving his lungs. The Workers’ Compensation Board reversed, finding that the claimant had not sustained his burden of proof. The circuit court affirmed the Board and claimant appealed.

The only issue on appeal is whether claimant’s physical condition is causally related to his employment as an automobile spray painter, an occupation he performed for over 25 years. The resolution of this question lies…