Way v. Fred Meyer, Inc.
Way v. Fred Meyer, Inc.
Opinion of the Court
Claimant seeks review of an order in which the Workers’ Compensation Board held that her claim for an occupational mental disorder is not compensable. We affirm.
Claimant seeks compensation for her anxiety disorder, which she asserts was caused by her employment. The Board found, and claimant does not challenge, that the disorder was caused in major part by reasonable disciplinary, corrective and performance evaluation actions by employer. Under ORS 656.802(3)(b), a mental disorder is not compensable “[u]nless the employment conditions producing the mental disorder are conditions other than * * * reasonable disciplinary, corrective or job performance evaluation actions by the employer * * Claimant asserts that the requirements of ORS 656.802(3)(b) are preempted by the Americans with Disabilities Act (ADA), 42 USC § 12101 et seq. In particular, she argues that those requirements constitute discrimination by reason of her disability, which is prohibited by 42 USC § 12132 and 28 CFR § 35.130(b)(8).
42 USC § 12132 provides:
“Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.”
The implementing regulations provide, in part:
“A public entity shall not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any service, program, or activity, unless such criteria can be shown to be necessary for the provision of the service, program, or activity being offered.” 28 CFR § 35.130(b)(8).
Claimant argues that requiring a claimant who has a mental disorder to prove that the disorder is not caused by the employer’s reasonable disciplinary, corrective or job performance evaluation actions discriminates against persons with mental disorders, because claimants with other types of workers’ compensation claims are not subject to the same requirement.
The Board did not err in holding that the claim is not compensable.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.