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ESTATE OF STRAMETZ v. SPECTRUM MOTOR., INC.

WCB Nos. 91-17385; 91-10418; CA A80582.

897 P.2d 335 (1995)

135 Or.App. 67

In the Matter of the Compensation of William A. Strametz, Deceased, Claimant. The BENEFICIARIES of the ESTATE OF William A. STRAMETZ, Deceased, Claimant, Petitioner, v. SPECTRUM MOTORWERKS, INC., Spectrum Motorwerks, Ltd., and SAIF Corporation, Respondents.

Court of Appeals of Oregon, In Banc.

Resubmitted May 3, 1995.

Decided June 21, 1995.

Attorney(s) appearing for the Case

Kevin Keaney, Portland, argued the cause for petitioner. On the brief were Susan Frank and Pozzi, Wilson & Atchison.

Darren L. Otto, Portland, argued the cause for respondents Spectrum Motorwerks, Ltd. and SAIF Corp. With him on the brief was Scheminske & Lyons.

Michael O. Whitty, Sp. Asst. Atty. Gen., argued the cause for respondents Spectrum Motorwerks, Inc. and SAIF Corp. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Resubmitted In Banc May 3, 1995.

RIGGS, Judge.

Claimant1 seeks review of a final order of the Workers' Compensation Board affirming employer's denial of his claim. He argues that the Board misinterpreted the last injurious exposure rule. We reverse and remand for reconsideration.

At the time of the hearing in 1992, claimant was a 43-year-old auto mechanic suffering from mesothelioma, a cancer of the chest cavity. The only...

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