In Kerr Glass Co. v. Wilson, 1994 OK CIV APP 69, 880 P.2d 414, the claimant was employed by Kerr Glass for over nine years until Ball Incon Glass took over the plant. Six months later, the claimant sought workers' compensation benefits for cumulative trauma injuries. The Workers' Compensation Court apportioned the compensation award between Kerr Glass (95%) and Ball Incon Glass (5%). On appeal, Kerr Glass argued that Ball Incon should be held solely liable based on the last injurious exposure rule. Kerr Glass asserted that the Workers' Compensation Act previously had been amended to provide that the statute of limitations for cumulative trauma injuries began to run on the date of last injurious exposure, citing 85 O.S.1991 43(A). Kerr Glass also asserted that 85 O.S.1991 11(4) provided that in cases of occupational disease, the employer in whose employment the employee was last injuriously exposed was solely liable, without right of apportionment. Kerr Glass argued that because both statutes used the last injurious exposure as the relevant date, then compensation for cumulative trauma cases should not be apportioned, and that instead, the employer in whose employment the claimant was last injuriously exposed should be solely liable. The Court of Civil Appeals responded, however, that 85 O.S.1991 11(4) addressed only occupational disease, which it distinguished from cumulative trauma. Id. The court recognized its earlier holdings which rejected application of the last exposure rule to cumulative trauma cases and instead apportioned liability between multiple employers. Id. In Kerr, Glass, the court opined "(i)f the Legislature had intended 11(4) to apply to cumulative trauma injuries, it would have so provided by expressly amending that section." Id. The court sustained the order apportioning the compensation award between the two employers. Id.