Magana v. Wilbanks International

Claimant seeks review of a Worker’s Compensation Board order denying an occupational disease claim. We remand for reconsideration.

Claimant suffers from end-stage renal disease (ESRD), a kidney condition. Claimant alleged that his disease results from a 1987 on-the-job exposure to chemical vapors. Respondent denied the claim, and the Board upheld the denial.

At the time of claimant’s disability, ORS 656.802(l)(a) defined an occupational disease as

“[a]ny disease or infection arising out of and in the course of employment * * * to which an employee is not ordinarily subjected or exposed other…