Legal Opinion · Dissent

Bennett v. Liberty Northwest Ins. Corp.

Court of Appeals of Oregon

Decided May 25, 1994No. 91-11454; CA A80711Published

1DissentEdmonds, J.

The Workers’ Compensation Board found that claimant’s employment with Siltec, his last employer, was not the major contributing cause of his hearing disability or any worsening of it. Consequently, it held that claimant had failed to establish the compensability of his condition as to Siltec.1 The majority reverses, holding:

“Accordingly, claimant must show that employment conditions, which may include conditions to which he was exposed at Caterpillar, were the major contributing cause of his hearing loss. If he does that, he may rely on the last injurious exposure rule to prove the…

2Cases cited6 opinions

  1. Matter of Compensation of BrackeOregon Supreme Court · 1982
  2. Boise Cascade Corp. v. StarbuckOregon Supreme Court · 1984
  3. Runft v. Saif Corp.Oregon Supreme Court · 1987
  4. SAIF Corp. v. DrewsOregon Supreme Court · 1993
  5. Liberty Northwest Insurance v. SentersCourt of Appeals of Oregon · 1993

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