Washington County - Risk v. Jansen

Employer seeks review of an order of the Workers’ Compensation Board, contending that the board erred in setting aside employer’s denial of claimant’s combined condition claim. Employer contends that the board erred by improperly allocating the burden of proof. Because we conclude that ORS 656.266 allocates to claimants the burden of proving that a compensable occupational disease remains the major contributing cause of a combined condition and the board assigned that burden to employer, we reverse and remand.

We take the pertinent facts from the board’s undisputed findings. Claimant has a…