Les Schwab Warehouse Center v. SAIF Corp.

In this workers’ compensation case, petitioner Les Schwab Warehouse Center (Les Schwab) argues that the board erroneously applied the last injurious exposure rule to find Les Schwab responsible for claimant’s shoulder condition. We agree and reverse and remand.

Claimant first sought medical treatment while working for his first employer, Agness Enterprises, so it is assigned initial responsibility for the claim. Timm v. Maley, 125 Or App 396, 401, 865 P2d 1315 (1993), rev den, 319 Or 81 (1994). In order to shift responsibility forward to claimant’s second employer, Les Schwab, Agness…