MARTIN v. CITY OF PORTLAND

98-00466; A109341

37 P.3d 209 (2001)

178 Or. App. 505

In the Matter of the Compensation of Terry W. Martin, Claimant. Terry W. MARTIN, Petitioner, v. CITY OF PORTLAND, Respondent.

Court of Appeals of Oregon.

Decided December 26, 2001.


Attorney(s) appearing for the Case

Geoffrey G. Wren, Portland, argued the cause and filed the brief for petitioner.

David L. Jorling, Senior Deputy City Attorney, argued the cause and filed the brief for respondent.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.


WOLLHEIM, J.

Claimant seeks judicial review of an order of the Workers' Compensation Board holding that he had not carried his burden of proving that his work was the major contributing cause of his respiratory conditions. We review for substantial evidence and errors of law. ORS 183.482(8). Because the Board erroneously held that claimant's evidence was insufficient under ORS 656.266 as a matter of law, we reverse and remand.

Claimant began working as a mechanic...

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