ROSEBURG FOREST PRODUCTS v. LONG

WCB 94-06167, 94-06166, 94-06165, 94-06164, 94-06163, 94-05787, 94-04388, 94-04183, 94-02921; CA A89646; SC S432838.

937 P.2d 517 (1997)

325 Or. 305

In the Matter of the Compensation of Loyd D. Long, Claimant. ROSEBURG FOREST PRODUCTS, Petitioner, v. Loyd D. LONG, SAIF Corporation, Employers Insurance of Wausau, and Industrial Indemnity, Respondents.

Supreme Court of Oregon.

Decided May 22, 1997.


Attorney(s) appearing for the Case

Richard D. Barber, Jr., of Bostwick, Sheridan & Bronstein, Portland, argued the cause and filed the petition for petitioner on review.

David O. Home, Beaverton, argued the cause and filed a brief for respondent on review Employers Insurance of Wausau.

John E. Snarskis, Portland, argued the cause and filed a brief for respondent on review Industrial Indemnity.

No appearance for respondents on review Loyd D. Long and SAIF Corporation.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, GRABER and DURHAM, JJ.


GRABER, Justice.

In this workers' compensation case, we are called on to consider aspects of the "last injurious exposure" rule. We hold that, when a claimant has a compensable occupational disease that is caused by working conditions at a single employer, the most recent insurer is fully responsible for the claimant's occupational disease unless that insurer proves either: (1) that it was impossible for workplace conditions at the time that it insured the employer...

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