Stone v. State Accident Insurance Fund Corp.

Claimant appeals an order of the Workers’ Compensation Board which affirmed the referee’s denial of his occupational disease claim for asbestosis and reversed the referee’s order allowing his claim for interim compensation, penalties and attorney fees.

Claimant voluntarily retired from work in 1973 at age 62. At the time of the hearing he was 69 years of age. He concedes that his claim was filed more than five years after his last injurious exposure and thus would be barred under former ORS 656.807(1). He contends, however, that the statute is unconstitutional as applied to his claim for…