Legal Opinion

MacMillan Plumbing v. Garber

Court of Appeals of Oregon

Decided September 29, 1999No. WCB 96-06257, 96-01910, 95-13580, 95-09850; CA A101359PublishedCited by 1 opinion

1Opinion of the CourtArmstrong, J.

Employer seeks review of an order of the Workers’ Compensation Board that applied the last injurious exposure rule to assign responsibility to employer for claimant’s occupational disease. We affirm.

Claimant began to experience a locking sensation in his right middle finger while employed by Willamette Industries in the 1980s. He also injured his back at Willamette and received treatment for that injury from a neurosurgeon, Dr. Newby. During a 1987 appointment for his back, claimant reported his finger problem to Newby. The doctor noted that problem in a report to Willamette:

“[T]hree weeks…

2Cases cited2 opinions

  1. Timm v. MaleyCourt of Appeals of Oregon · 1993
  2. SAIF Corp. v. KellyCourt of Appeals of Oregon · 1994

3Cited by1 opinion

  1. RLC Industries v. Sun Studs, Inc.Court of Appeals of Oregon · 2001

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