Liberty Northwest Insurance v. Montana State Fund

¶27 I concur with the Court’s determination to affirm the judgment of the Workers’ Compensation Court, but would adopt a different standard for application of § 39-71-407(10), MCA (2005), the last injurious exposure” provision.

¶28 In cases where a worker has developed an occupational disease (OD) while working for multiple employers, the Court concludes that the ‘last injuriously exposed” requirement is satisfied by use of a "potentially casual” standard. Opinion, ¶ 24. Under this standard, objective medical evidence of an OD need only be accompanied by proof that ‘the working conditions…