Fossum v. State Accident Insurance Fund

In early 1977 James Fossum learned he had mesothelioma, a form of lung cancer caused by asbestos. He filed occupational disease claims with several prior employers for whom he had worked in positions that involved possible exposure to asbestos. Fossum died from the lung cancer in August, 1977. His widow promptly filed death benefit claims with her husband’s prior employers. We hold that all claims made by Fossum and his widow are barred by the applicable statute of limitations.

The referee concluded:

"(1) that the employer responsible for Fossum’s condition is the last employer where there was…