Argonaut Insurance Companies v. Eder

Argonaut Insurance Companies (Argonaut) petitions for review of a Workers’ Compensation Board order requiring it to accept claimant’s asbestosis claim. Argonaut asserts that the claim is time-barred. We disagree and therefore affirm the Board.

Claimant’s last injurious exposure to asbestos occurred on March 9, 1976. At the time, former ORS 656.807(1) provided a five-year limitation period for all occupational disease claims except those for silicosis or radiation injury. See Stone v. SAIF, 57 Or App 808, 646 P2d 668 (1982), rev dismissed 294 Or 442 (1983). In 1981, the legislature amended the…