SUMMARY
This chapters gives an indepth analysis of what qualifies as an occupational disease, including extensive discussion of qualifying mental disorders and employment conditions that may or may not contribute to mental disorders. The chapter also examines specific diseases of firefighters. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 10
OCCUPATIONAL DISEASES
Donald M. Hooton
Allison B. Lesh
§ 10.1 SCOPE
§ 10.2 BACKGROUND
§ 10.3 DEFINITION OF OCCUPATIONAL DISEASE
§ 10.3-1 Accidental Injury versus Occupational Disease
§ 10.3-2 Categories of Diseases
§ 10.3-2(a) Toxic or Harmful Exposure
§ 10.3-2(b) Mental Disorders
§ 10.3-2(b)(1) Historical Context
§ 10.3-2(b)(2) Burden to Establish Compensability
§ 10.3-2(b)(2)(i) Real and Objective Sense
§ 10.3-2(b)(2)(ii) Employment Conditions Excluded under ORS 656.802(3)(b)
§ 10.3-2(b)(2)(iii) Generally Inherent in Every Working Situation
§ 10.3-2(b)(2)(iv) Examples of Generally Inherent Employment Conditions
§ 10.3-2(b)(2)(v) Not Generally Inherent in Every Working Situation
§ 10.3-2(b)(2)(vi) Examples of Employment Conditions Not Generally Inherent
§ 10.3-2(b)(2)(vii) Reasonable Disciplinary, Corrective, and Job Performance Evaluation Actions
§ 10.3-2(b)(2)(viii) Cessation of Employment
§ 10.3-2(b)(2)(ix) Decisions Attendant upon Ordinary Business or Financial Cycles
§ 10.3-2(b)(2)(x) Recognized Diagnosis
§ 10.3-2(b)(2)(xi) Clear and Convincing Evidence
§ 10.3-2(b)(3) Compensability Analysis and Summary
§ 10.3-2(c) Repetitive Trauma
§ 10.4 BURDEN OF PROOF
§ 10.4-1 Generally
§ 10.4-2 Mental Disorders
§ 10.4-3 Aggravation of Preexisting Diseases, Conditions, Weaknesses, or Predispositions
§ 10.4-4 The Constitutionality of the Burden of Proof
§ 10.5 DISEASES OF FIREFIGHTERS
§ 10.6 TEMPORAL CONSIDERATIONS
§ 10.6-1 Time Limitations Generally
§ 10.6-2 Exceptions to Statutory Limits
§ 10.6-3 What Law Applies