Willamette Law Online

Oregon Court of Appeals


Mentor Graphics Corp. v. Velazquez

Summarized by: 

Date Filed: 02-08-2012
Case #: A145985
Hadlock, J. for the Court; Ortega, P. J; & Brewer, C. J.
Full Text Opinion: http://courts.oregon.gov/Publications/A145985.pdf

Workers Compensation: If the Court of Appeals cannot determine from records of the Workers' Compensation Board whether it found that a claimant proved the existence of an occupational disease, not just symptoms, then the Court may remand the case so that the board may address that point.

Velazquez filed a workers' compensation claim, asserting a compensable occupational disease in his hands, arms and shoulders caused by his work as a computer network engineer for Mentor Graphics. Mentor Graphics denied the claim, asserting that Velazquez's work was not the major contributing cause of his disease. The Workers' Compensation Board set aside the denial after finding that Velazquez was diagnosed with "chronic muscular tension pain" caused by long hours of computer work. Mentor Graphics appealed, arguing that the board failed to address whether Velazquez proved the existence of a disease caused by work or merely that work caused symptoms of an underlying disease. The Court of Appeals was unable to determine from the board's order whether it found that Velazquez proved the existence of an occupational disease, not just symptoms. Remanded so that the board could address that point.