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Leming v. LeBlanc Racing, Inc. and Benjamin Stafford Stables, IAB Hearing Nos. 1309269 and 1309270 (May 10, 2008)

This case involved a Claimant who became ill with a compensable industrial illness called "farmer's lung disease." Claimant worked for Stafford after working for LeBlanc. Claimant filed separate petitions alleging that he was exposed to hay while working at both employers. Medical expenses and total disability benefits were sought. Claimant and LeBlanc argued that Stafford was the responsible party under the "last injuries exposure rule." Acknowledging that the rule controlled, the Board found Stafford the employer liable for Claimant's occupational disease. The Board explained that while Claimant was exposed to moldy hay while working for LeBlanc for nine years and caring for four horses, his last injurious exposure to moldy hay occurred while at Stafford taking care of forty horses. This exposure was deemed more intense and there was no dispute that both exposures contributed to his disease.

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