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Petitioner seeks death benefits from Respondent, contending that her husband died from asbestos-related disease and that his last injurious exposure to Libby asbestos occurred in the course of his 9-year employment at Respondent’s lumbermill, which was located approximately 2 miles outside of Libby.

IN THE WORKERS’ COMPENSATION COURT OF THE STATE OF MONTANA
2018 MTWCC 17
WCC No. 2014-3383
HAZEL ATCHLEY
Petitioner
vs.
LOUISIANA PACIFIC CORP.
Respondent/Insurer.

Summary: Petitioner seeks death benefits from Respondent, contending that her husband died from asbestos-related disease and that his last injurious exposure to Libby asbestos occurred in the course of his 9-year employment at Respondent’s lumbermill, which was located approximately 2 miles outside of Libby. Respondent denied Petitioner’s claim, contending that the decedent was not exposed to an injurious amount of Libby asbestos while working at its mill and did not develop asbestos-related disease
as a result of working at its lumbermill.

Held: The decedent had an OD and was exposed to Libby asbestos in amounts greater than the Libby background level during his 9 years of employment at Respondent’s lumbermill. Under the potentially causal standard of In re Mitchell, he suffered his last injurious exposure to asbestos at Respondent’s lumbermill. The decedent’s OD caused
his death, and Respondent is therefore liable for death benefits.

JUDGMENT
¶ 133 Edward Atchley sustained an occupational disease.
¶ 134 Edward Atchley’s death was caused by an occupational disease.
¶ 135 LP is liable to Hazel Atchley for Edward Atchley’s occupational disease.
¶ 136 Hazel Atchley is entitled to her costs pursuant to § 39-71-611, MCA.
¶ 137 Hazel Atchley is not entitled to her attorney fees.
¶ 138 Hazel Atchley is not entitled to a penalty.
¶ 139 Pursuant to ARM 24.5.348(2), this Judgment is certified as final and, for purposes
of appeal, shall be considered as a notice of entry of judgment.
DATED this 26th day of September, 2018.
(SEAL)
/s/ DAVID M. SANDLER
JUDGE

READ FULL DOCUMENT AT ORIGINAL SOURCE:

http://wcc.dli.mt.gov/a/Atchley_2018MTWCC17.pdf