In the Matter of the Compensation of Darrell Alcorn, Claimant. LIBERTY METAL FABRICATORS, INC. and SAIF Corporation, Petitioners, v. THE LYNCH COMPANY, INC.; SAIF Corporation; and Darrell Alcorn, Respondents.
1602391, 1602051; A165388
Court of Appeals of Oregon
January 29, 2020
January 29, 2020
302 Or App 110 | 456 P3d 691
Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.
Workers’ Compensation Board
Rebecca A. Watkins for petition.
Julie Masters for response.
Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.
PER CURIAM
Reconsideration allowed; former opinion modified and adhered to as modified.
Employer Liberty Metal Fabricators, Inc. (Liberty), has filed a petition for reconsideration of our opinion in this case, 295 Or App 809, 435 P3d 810 (2019), seeking clarification of the legal standard for a presumptively responsible employer to shift responsibility to a prior employer under the last injurious exposure rule. For clarification, we revise the sentence at page 812 of the opinion to read as follows:
“A presumptively responsible employer may shift responsibility to a prior employer by establishing that (1) it was impossible for conditions at its workplace to have caused or worsened the disease, or (2) the disease was caused or worsened solely by conditions at one or more previous employments.”
Reconsideration allowed; former opinion modified and adhered to as modified.