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CITY OF EUGENE v. McCANN

0704605; A146910.

273 P.3d 348 (2012)

248 Or. App. 527

In the Matter of the Compensation of Carolyn McCann, Claimant. CITY OF EUGENE, Petitioner, v. Carolyn McCANN, Respondent.

Court of Appeals of Oregon.

Decided March 7, 2012.

Attorney(s) appearing for the Case

Krisha Balasubramani argued the cause for petitioner. On the briefs were Deborah L. Sather and Sather, Byerly & Holloway, LLP.

James L. Edmunson, Eugene, argued the cause and filed the brief for respondent.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.

HADLOCK, 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...

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