IN RE: the COMPENSATION OF Darrell ALCORN (2020)

Court of Appeals of Oregon.

IN RE: 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.

A165388

Decided: January 29, 2020

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

Rebecca A. Watkins for petition. Julie Masters for response.

Employer Liberty Metal Fabricators, Inc. (Liberty), has filed a petition for reconsideration of our opinion in this case, 295 Or. App. 809, 435 P.3d 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.

PER CURIAM

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