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eBook details

• Title: Strametz v. Spectrum Motorwerks Inc.
• Author : Oregon Court of Appeals
• Release Date : January 22, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

SAIF Corporation, on behalf of Spectrum Motorwerks, Ltd. (SML), a noncomplying employer, moves for reconsideration of our opinion. 135 Or.App. 67, 897 P.2d 335 (1995). SAIF Corporation, as insurer for Spectrum Motorwerks, Inc. (SMI), also seeks reconsideration. We allow both motions. Claimant has had several employments as an auto mechanic, many of which were outside of Oregon. Claimant's most recent employments were in Oregon, beginning in 1984. In 1990, while working for SML, claimant suffered symptoms and sought treatment for what was later determined to be mesothelioma. Claimant settled with each of his Oregon employers except SML and SMI. In our first opinion, we held that controlling precedent with regard to the last injurious exposure rule required the Conclusion that the last employer with conditions of a kind that could have caused claimant's mesothelioma be assigned responsibility for the claim, even if that specific employment could not have been the actual cause of the condition. We remanded the case to the Board for a determination as to whether employment conditions at either SML or SMI were of the type that could have caused claimant's condition.

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