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HEAT TRANSFER & EQUIPMENT v. CAUTHON

No. 99,446.

100 P.3d 722 (2004)

2004 OK 80

HEAT TRANSFER & EQUIPMENT and American Interstate Insurance Company, Petitioners, v. Gary CAUTHON and Workers' Compensation Court, Respondents.

Supreme Court of Oklahoma.

October 26, 2004.

Attorney(s) appearing for the Case

Michael D. Gilliard, James B. Cassody, McGivern, Gilliard & Curthoys, Tulsa, OK, for Petitioners, Heat Transfer & Equipment and American Interstate Insurance.

Michael W. McGivern, Kelly M. Greenough, Perrine, McGivern, Redemann, Reid, Berry & Taylor, P.L.L.C., Tulsa, OK, for Connecticut Indemnity Company.

Jack G. Zurawik, Pamela Morgan, Tulsa, OK, for Respondent, Gary Cauthon.

TAYLOR, J.

I. ISSUE

¶ 1 The dispositive issue presented for our review is whether there is any competent evidence to support the Workers' Compensations Court's findings of fact. The petitioner asserts as a second issue whether the "last injurious exposure" rule of title 85, subsection 11(B)(4) of the Oklahoma Statute requires an employee claiming benefits for injury from an occupational disease to establish...

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