MATTER OF COMPENSATION OF FOSSUM

CA 14961; SC 27959.

646 P.2d 1337 (1982)

293 Or. 252

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

Supreme Court of Oregon.

Decided June 22, 1982.


Attorney(s) appearing for the Case

Darrell E. Bewley, Appellate Counsel, Salem, argued the cause and filed the petition for review for the State Accident Insurance Fund.

Allen T. Murphy, Jr., Portland, argued the cause for respondent on review Helen Fossum. With him on the brief was Richardson, Murphy, Nelson & Lawrence, Portland.

Emil Berg, Portland, argued the cause for respondent on review Argonaut Insurance Co. On the brief were Margaret H. Leek Leiberan and Lang, Klein, Wolf, Smith, Griffith & Hallmark, Portland.

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

Before DENECKE, C.J., and LENT, LINDE, PETERSON, TANZER and CAMPBELL, JJ.


TANZER, Justice.

This is a workers' compensation claim under the Occupational Disease Law, ORS 656.802 to 656.824, brought by the widow of a worker who died from mesothelioma, a form of cancer caused by exposure to asbestos. There are two issues: The first is which of several potentially causal employers is liable for compensation. The second is whether an inference is permissible that the deceased worker's former employer...

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