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MATTER OF FOSSUM

Nos. 77-3475, 77-6112, 78-958, 78-959 and 78-957; CA 14961.

607 P.2d 773 (1980)

45 Or.App. 77

In the matter of the Compensation of James E. Fossum, Deceased. Helen Fossum, Petitioner, v. STATE ACCIDENT INSURANCE FUND, Argonaut Insurance Company, and Underwriters Adjusting Co., Respondents.

Court of Appeals of Oregon.

Decided March 10, 1980.

Attorney(s) appearing for the Case

Allen T. Murphy, Jr., Portland, argued the cause for petitioner. With him on the brief was Richardson, Murphy & Nelson, Portland.

Darrell E. Bewley, Associate Counsel, State Accident Insurance Fund, Portland, argued the cause for respondent State Accident Insurance Fund. With him on the brief were K.R. Maloney, Chief Counsel, and James A. Blevins, Chief Trial Counsel, State Accident Insurance Fund, Salem.

Margaret H. Leek Leiberan, Portland, argued the cause for respondent Argonaut Insurance Company. With her on the brief was Lang, Klein, Wolf, Smith, Griffith & Hallmark, Portland.

Jerard S. Weigler, Portland, argued the cause for respondent Underwriters Adjusting Co. With him on the brief was Lindsay, Nahstoll, Hart, Neil & Weigler, Portland.

Before SCHWAB, C.J., and RICHARDSON and JOSEPH, JJ.

SCHWAB, Chief Judge.

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...

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