Ball-Incon Glass Packaging v. Taber

OPINION

ADAMS, Judge:

The pivotal issue presented in this review proceeding is the application of the definition of an “occupational disease” under our Workers’ Compensation Act. On the facts revealed by the evidence, the trial court concluded Donna Taber suffered from an occupational disease attributable to her employment by both Kerr Glass and Ball-Incon Glass Packaging. Applying the “last hazardous exposure” rule required by 85 O.S.1991 § 11(4), the trial court placed all the liability for Taber’s benefits on the last employer, Ball-Incon, and its insurance carrier.

Ball-Incon’s quest for…