Legal Opinion

Estate of Strametz v. Spectrum Motorwerks, Inc.

Court of Appeals of Oregon

Decided June 21, 1995No. WCB 91-17385, 91-10418; CA A80582PublishedCited by 8 opinions

1Opinion of the Court

*69RIGGS, J.

Claimant1 seeks review of a final order of the Workers’ Compensation Board affirming employer’s denial of his claim. He argues that the Board misinterpreted the last injurious exposure rule. We reverse and remand for reconsideration.

At the time of the hearing in 1992, claimant was a 43-year-old auto mechanic suffering from mesothelioma, a cancer of the chest cavity. The only known cause of meso-thelioma is asbestos. Claimant had served in the Navy from 1963 to 1968, where he was exposed to asbestos. After his discharge, he worked as an auto mechanic for 24 years but did not begin…

2Cases cited17 opinions

  1. Fifth Avenue Corp. v. WASHINGTON COUNTY, ETC.Oregon Supreme Court · 1978
  2. Matter of Compensation of BrackeOregon Supreme Court · 1982
  3. Inkley v. Forest Fiber Products Co.Oregon Supreme Court · 1980
  4. Osteen v. A. C. & S., Inc.Nebraska Supreme Court · 1981
  5. Runft v. Saif Corp.Oregon Supreme Court · 1987

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3Cited by8 opinions

  1. Roseburg Forest Products v. LongOregon Supreme Court · 1997
  2. Reynolds Metals v. RogersCourt of Appeals of Oregon · 1998
  3. Beneficiaries of the Estate of Strametz v. Spectrum Motorwerks, Inc.Oregon Supreme Court · 1997
  4. Beneficiaries of the Estate of Strametz v. Spectrum Motorwerks, Inc.Court of Appeals of Oregon · 1995
  5. United Parcel Service v. LikosCourt of Appeals of Oregon · 1996

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