In the matter of the Compensation of Sharon Bracke, Claimant.
Sharon Bracke, Respondent On Review,
v.
BAZA'R, Inc., and General Adjustment Bureau, Petitioners On Review,
Albertson's Food Centers, O.J.'s 42ND Avenue Thriftway, Aetna Insurance Company, Industrial Indemnity Company, Respondents On Review.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted September 3, 1981.
Decided June 22, 1982.
Attorney(s) appearing for the Case
Mildred J. Carmack of Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, argued the cause and filed the petition for review for Baza'r, Inc., while self-insured. With them on the briefs were Ridgway K. Foley, Jr., and Scott M. Kelley of Cheney & Kelley, Portland.
Scott M. Kelley of Cheney & Kelley, Portland, argued the cause and filed the petition for review for Baza'r, Inc., while insured through General Adjustment Bureau.
R. Kenney Roberts of Lang, Klein, Wolf, Smith, Griffith & Hallmark, Portland, argued the cause for respondent on review Albertson's Food Centers. On the response to the petitions for review and brief was Margaret H. Leek Leiberan of Lang, Klein, Wolf, Smith, Griffith & Hallmark, Portland.
Eugene L. Parker of Parker & McCann, Portland, argued the cause and filed the brief for respondent on review Sharon Bracke, claimant.
Darrell E. Bewley, Appellate Counsel, K.R. Maloney, Gen. Counsel, and James A. Blevins, Chief Trial Counsel, State Accident Insurance Fund Corp., Salem, filed a brief amicus curiae in support of the petition for review.
Richard William Davis of Lindsay, Hart, Neil & Weigler, Portland, filed the brief for O.J.'s 42nd Avenue Thriftway.
Charles R. Holloway, III, of Tooze, Kerr, Marshall & Shenker, Portland, filed the brief for Aetna Ins. Co.
G. Howard cliff and Bruce A. Gunter, Certified Law Students, Portland, filed the brief for Industrial Indemnity Co.
Before DENECKE, C.J., and LENT, LINDE, TANZER and CAMPBELL, JJ.
Supreme Court of Oregon.
TANZER, Justice.
This is a workers' compensation claim under the occupational disease law, ORS 656.802 to 656.824. The claimant has a pulmonary disease colloquially referred to as "meat wrappers' asthma." The issue is whether an employer may interject the so-called "last injurious exposure" rule as a defense to the worker's claim where the claimant establishes that she contracted the disease and suffered disability while working for that employer, but that she also...
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