Legal Opinion

Roseburg Forest Products v. Long

Oregon Supreme Court

Decided May 22, 1997No. WCB 94-06167, 94-06166, 94-06165, 94-06164, 94-06163, 94-05787, 94-04388, 94-04183, 94-02921; CA A89646; SC S43283PublishedCited by 24 opinions

1Opinion of the CourtGraber, J.

In this workers’ compensation case, we are called on to consider aspects of the “last injurious exposure” rule. We hold that, when a claimant has a compensable occupational disease that is caused by working conditions at a single employer, the most recent insurer is fully responsible for the claimant’s occupational disease unless that insurer proves either: (1) that it was impossible for workplace conditions at the time that it insured the employer to have caused the disease in this particular case or (2) that the disease was caused solely by employment conditions at a time when the employer…

2Cases cited7 opinions

  1. Matter of Compensation of BrackeOregon Supreme Court · 1982
  2. Boise Cascade Corp. v. StarbuckOregon Supreme Court · 1984
  3. Inkley v. Forest Fiber Products Co.Oregon Supreme Court · 1980
  4. Runft v. Saif Corp.Oregon Supreme Court · 1987
  5. Fossum v. State Accident Insurance FundOregon Supreme Court · 1982

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3Cited by24 opinions

  1. International Business Machines Corporation v. Liberty Mutual Insurance CompanyCourt of Appeals for the Second Circuit · 2004
  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. SAIF Corp. v. HenwoodCourt of Appeals of Oregon · 2001
  5. SAIF Corp. v. HoffmanCourt of Appeals of Oregon · 2004

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