- Court: Oregon Court of Appeals
- Area(s) of Law: Employment Law
- Date Filed: 07-21-2021
- Case #: A173085
- Judge(s)/Court Below: Armstrong, P.J. for the Court; Tookey, J.; & Aoyagi, J.
- Full Text Opinion
Claimant had a stroke on the job as a firefighter. Claimant sought worker’s compensation for his treatment and it was denied. Evidence that demonstrated that Claimant’s “stroke was not cardiovascular disease” not “sudden” was introduced by experts. The “firefighter’s presumption” allows a firefighter to establish the compensability of “cardiovascular-renal disease” as an occupational disease without presenting direct evidence of causation by employment. A cardiovascular disease is “gradual in onset” and not “sudden.” Evidence shows instead that there is another heart condition which likely caused the stroke which is unrelated to his job as a firefighter. The “firefighter’s presumption” does not apply. Affirmed.