Liberty Northwest Insurance v. Kaleta

In this workers’ compensation case, Davidson’s Masonry (Davidson’s) seeks review of a Workers’ Compensation Board order setting aside its denial of responsibility for claimant’s bilateral carpal tunnel syndrome. Davidson’s argues that the Board erred in its application of the last injurious exposure rule to determine responsibility. Claimant cross-petitions for review and argues that the Board erred in awarding attorney fees under ORS 656.308(2)(d) rather than ORS 656.307(5). We affirm on the petition and the cross-petition.

The facts are not in dispute. Claimant worked as a caulker for Pardue…