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AIG CLAIM SERVICES v. RIOS

0408312, 0405311, 0405310, 0403816, 0402803, 0402256, 0308153; A132821.

170 P.3d 1110 (2007)

215 Or. App. 615

In the Matter of the Compensation of Lionel M. Rios, Claimant. AIG CLAIM SERVICES and Coe Manufacturing, Petitioners, v. Lionel M. RIOS, American Protection Insurance Company/Broadspire, Safeco Insurance Company/Coe Manufacturing, Special Districts Association of Oregon, and SAIF Corporation, Respondents.

Court of Appeals of Oregon.

Decided October 31, 2007.

Attorney(s) appearing for the Case

Jerald P. Keene argued the cause and filed the briefs for petitioners.

Brad G. Garber argued the cause for respondent American Protection Insurance Company/Broadspire. With him on the brief was Wallace, Klor & Mann, P.C.

Alexander D. Libmann argued the cause for respondent Safeco Insurance Company/Coe Manufacturing. On the brief was David L. Bussman.

Howard R. Nielsen, Tigard, argued the cause for respondent Special Districts Association of Oregon. With him on the brief was The Gilroy Law Firm, P.C.

No appearance for respondent Lionel M. Rios.

No appearance for respondent SAIF Corporation.

Before Landau, Presiding Judge, and Brewer, Chief Judge, and Schuman, Judge.

LANDAU, P.J.

This is a workers' compensation case in which the question is which of several insurance carriers is responsible for claimant's compensable hearing loss. Under the last injurious exposure rule, the answer to that question is that responsibility is presumptively assigned to the insurer on the risk for the last period of employment during which the "onset of disability" occurred. In this case, the Workers' Compensation Board assigned responsibility to AIG...

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