Gaddis

MEMORANDUM *

Appellant Julie A. Gaddis (“Gaddis”) suffers from morbid obesity, a disability under the American with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12101-12122.3 . While at work, she suffered a back injury. She sought workers’ compensation benefits for that injury. The Administrative Law Judge (“ALJ”) found that Appellant suffered a work-related injury, but that her preexisting condition predisposed her to that injury. Accordingly, under Oregon law, because she was not able to show that the work-related injury was the major contributing cause (51% or more) of the resulting back condition, benefits were denied. She appealed the ALJ’s decision to the Workers’ Compensation Board (“WCB”), which affirmed. She then filed this action in district court, claiming that Oregon’s workers’ compensation scheme unlawfully discriminates against the disabled, in violation of Title II of the ADA. The district court entered judgment for the state, holding that Oregon’s workers’ compensation scheme neither impermissibly denies access to the workers’ compensation system nor violates the ADA, for it treats disabled and non-disabled workers alike. While we have appellate jurisdiction…