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.