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DYNEA USA, INC. v. FAIRBANKS

0701731; A141297.

250 P.3d 389 (2011)

241 Or. App. 311

In the Matter of the Compensation of Tony L. Fairbanks, Claimant. DYNEA USA, INC., Petitioner, v. Tony L. FAIRBANKS, Respondent.

Court of Appeals of Oregon.

Decided March 2, 2011.

Attorney(s) appearing for the Case

Jerald P. Keene , Portland, argued the cause and filed the briefs for petitioner.

Rogelio Cassol argued the cause for respondent. On the brief were Christine Jensen and Malagon, Moore & Jensen.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

This case requires us to determine whether the Workers' Compensation Board correctly concluded that claimant's condition —a methicillin resistant staphylococcus aureus (MRSA) infection—was an injury as opposed to a disease for purposes of the Workers' Compensation Law. For a disease to be compensable, employment conditions must be the major contributing cause of the disease, ORS 656.802(2)(a),...

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