Legal Opinion

Port of Portland Ocip v. Cierniak

Court of Appeals of Oregon

Decided September 6, 2006No. 03-00246, 02-03587, 02-03064; A126142PublishedCited by 3 opinions

1Opinion of the CourtSchuman, P. J.

After working as a carpenter for various employers for more than 25 years, claimant filed a claim for workers’ compensation benefits based on bilateral carpal tunnel syndrome (CTS). The compensability of his condition is not at issue on review; rather, his various employers (and their insurers) disagree among themselves about which employer bears responsibility. The Workers’ Compensation Board (board), invoking the last injurious exposure rule, assigned responsibility for claimant’s left-side CTS to his most recent employer, the Port of Portland Owner Controlled Insurance Program (Port of…

2Cases cited5 opinions

  1. Garcia v. Boise Cascade Corp.Oregon Supreme Court · 1990
  2. Matter of Compensation of BrackeOregon Supreme Court · 1982
  3. SAIF Corp. v. JanuaryCourt of Appeals of Oregon · 2000
  4. SAIF Corp. v. HoffmanCourt of Appeals of Oregon · 2004
  5. Mandell v. State Accident Insurance FundCourt of Appeals of Oregon · 1979

3Cited by3 opinions

  1. Liberty M & Saif Corp. v. Lynch Co. (In re Comp. of Alcorn)Court of Appeals of Oregon · 2019
  2. Guild v. SAIF Corp. (In re Guild)Court of Appeals of Oregon · 2018
  3. JH KELLY, LLC v. SmithCourt of Appeals of Oregon · 2011

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