Mealey's PI/Product Liability - North Carolina Court Affirms Workers' Comp Award In Asbestos Case

RALEIGH, N.C. - Evidence supports a finding that a heating and cooling technician suffered asbestos exposure on the job sufficient to award death benefits, a North Carolina appeals court held Feb. 17 (Michael Ray Patton, et al. v. Sears Roebuck & Co., Specialty Risk Services, Carrier, No. COA14-955, N.C. App.; 2015 N.C. App. LEXIS 82).

Mealey's Labor & Employment - North Carolina Court Affirms Workers' Comp Award In Asbestos Case

RALEIGH, N.C. - Evidence supports a finding that a heating and cooling technician suffered asbestos exposure on the job sufficient to award death benefits, a North Carolina appeals court held Feb. 17 (Michael Ray Patton, et al. v. Sears Roebuck & Co., Specialty Risk Services, Carrier, No. COA14-955, N.C. App.; 2015 N.C. App. LEXIS 82).

Mealey's Toxic Tort/Environmental - North Carolina Court Affirms Workers' Comp Award In Asbestos Case

RALEIGH, N.C. - Evidence supports a finding that a heating and cooling technician suffered asbestos exposure on the job sufficient to award death benefits, a North Carolina appeals court held Feb. 17 (Michael Ray Patton, et al. v. Sears Roebuck & Co., Specialty Risk Services, Carrier, No. COA14-955, N.C. App.; 2015 N.C. App. LEXIS 82).

Mealey's PI/Product Liability - Death Doesn't Relate Back To Workers' Comp Disability, New York Court Says

ALBANY, N.Y. - An employee's death is a separate injury from his disability and necessitates a separate reimbursement claim by an employer, a New York appeals court held Jan. 29 in affirming denial of the untimely reimbursement claim (In the Matter of the Claim of Richard J. Connolly v. Consolidated Edison, et al. and Special Disability Fund, Workers' Compensation Board, No. 518246, N.Y. Sup., App. Div., 3rd Dept.; 2015 N.Y. App. Div. LEXIS 685).

Mealey's Labor & Employment - Death Doesn't Relate Back To Workers' Comp Disability, New York Court Says

ALBANY, N.Y. - An employee's death is a separate injury from his disability and necessitates a separate reimbursement claim by an employer, a New York appeals court held Jan. 29 in affirming denial of the untimely reimbursement claim (In the Matter of the Claim of Richard J. Connolly v. Consolidated Edison, et al. and Special Disability Fund, Workers' Compensation Board, No. 518246, N.Y. Sup., App. Div., 3rd Dept.; 2015 N.Y. App. Div. LEXIS 685).

Mealey's Toxic Tort/Environmental - Death Doesn't Relate Back To Workers' Comp Disability, New York Court Says

ALBANY, N.Y. - An employee's death is a separate injury from his disability and necessitates a separate reimbursement claim by an employer, a New York appeals court held Jan. 29 in affirming denial of the untimely reimbursement claim (In the Matter of the Claim of Richard J. Connolly v. Consolidated Edison, et al. and Special Disability Fund, Workers' Compensation Board, No. 518246, N.Y. Sup., App. Div., 3rd Dept.; 2015 N.Y. App. Div. LEXIS 685).

Mealey's PI/Product Liability - West Virginia Court Reinstates Workers' Comp Benefits In Asbestos Lung Cancer Case

CHARLESTON, W.Va. - Evidence that a man suffered occupational asbestos exposure and a workers' compensation court's ruling that it led to his lung cancer are sufficient grounds on which to award benefits to his widow, West Virginia's top court held Jan. 20 (Sadie Page, widow of John W. Page Jr. v. West Virginia Office of Insurance Commissioner and Owens-Illinois Inc., No. 14-0108, W.Va. Sup. App.; 2015 W. Va. LEXIS 42).

Mealey's Labor & Employment - West Virginia Court Reinstates Workers' Comp Benefits In Asbestos Lung Cancer Case

CHARLESTON, W.Va. - Evidence that a man suffered occupational asbestos exposure and a workers' compensation court's ruling that it led to his lung cancer are sufficient grounds on which to award benefits to his widow, West Virginia's top court held Jan. 20 (Sadie Page, widow of John W. Page Jr. v. West Virginia Office of Insurance Commissioner and Owens-Illinois Inc., No. 14-0108, W.Va. Sup. App.; 2015 W. Va. LEXIS 42).

Mealey's Toxic Tort/Environmental - West Virginia Court Reinstates Workers' Comp Benefits In Asbestos Lung Cancer Case

CHARLESTON, W.Va. - Evidence that a man suffered occupational asbestos exposure and a workers' compensation court's ruling that it led to his lung cancer are sufficient grounds on which to award benefits to his widow, West Virginia's top court held Jan. 20 (Sadie Page, widow of John W. Page Jr. v. West Virginia Office of Insurance Commissioner and Owens-Illinois Inc., No. 14-0108, W.Va. Sup. App.; 2015 W. Va. LEXIS 42).

Mealey's PI/Product Liability - Judge Rejects Malpractice Class Involving Asbestos Trusts, Workers' Comp Claims

ROCK HILL, S.C. - A class action is not the best vehicle for litigating claims from almost 16,000 individuals allegedly shut out of the workers' compensation system after their attorneys pursued asbestos bankruptcy trust claims without first notifying employers, a federal judge in South Carolina said Jan. 8 (Odell Parker, et al. v. Asbestos Processing LLC, et al., No. 11-1800, D. S.C., 2014 U.S. Dist. LEXIS 37336).

Mealey's Litigation Procedure - Judge Rejects Malpractice Class Involving Asbestos Trusts, Workers' Comp Claims

ROCK HILL, S.C. - A class action is not the best vehicle for litigating claims from almost 16,000 individuals allegedly shut out of the workers' compensation system after their attorneys pursued asbestos bankruptcy trust claims without first notifying employers, a federal judge in South Carolina said Jan. 8 (Odell Parker, et al. v. Asbestos Processing LLC, et al., No. 11-1800, D. S.C., 2014 U.S. Dist. LEXIS 37336).

Mealey's Labor & Employment - Judge Rejects Malpractice Class Involving Asbestos Trusts, Workers' Comp Claims

ROCK HILL, S.C. - A class action is not the best vehicle for litigating claims from almost 16,000 individuals allegedly shut out of the workers' compensation system after their attorneys pursued asbestos bankruptcy trust claims without first notifying employers, a federal judge in South Carolina said Jan. 8 (Odell Parker, et al. v. Asbestos Processing LLC, et al., No. 11-1800, D. S.C., 2014 U.S. Dist. LEXIS 37336).

Mealey's Toxic Tort/Environmental - Judge Rejects Malpractice Class Involving Asbestos Trusts, Workers' Comp Claims

ROCK HILL, S.C. - A class action is not the best vehicle for litigating claims from almost 16,000 individuals allegedly shut out of the workers' compensation system after their attorneys pursued asbestos bankruptcy trust claims without first notifying employers, a federal judge in South Carolina said Jan. 8 (Odell Parker, et al. v. Asbestos Processing LLC, et al., No. 11-1800, D. S.C., 2014 U.S. Dist. LEXIS 37336).

Mealey's PI/Product Liability - Ohio Court Finds Decedent's Tort Deposition Inadmissible In Workers' Comp Case

COLUMBUS, Ohio - Manufacturers present at a man's deposition did not share the required similar motives or predecessor-in-interest status with an employer embroiled in a workers' compensation case involving asbestos exposure, a divided Ohio Supreme Court held Sept. 3 in excluding the testimony (Mary Lou Burkhart v. H.J. Heinz Co., et al., No. 2013-0580, Ohio Sup.).

Mealey's Litigation Procedure - Ohio Court Finds Decedent's Tort Deposition Inadmissible In Workers' Comp Case

COLUMBUS, Ohio - Manufacturers present at a man's deposition did not share the required similar motives or predecessor-in-interest status with an employer embroiled in a workers' compensation case involving asbestos exposure, a divided Ohio Supreme Court held Sept. 3 in excluding the testimony (Mary Lou Burkhart v. H.J. Heinz Co., et al., No. 2013-0580, Ohio Sup.).

Mealey's Labor & Employment - Ohio Court Finds Decedent's Tort Deposition Inadmissible In Workers' Comp Case

COLUMBUS, Ohio - Manufacturers present at a man's deposition did not share the required similar motives or predecessor-in-interest status with an employer embroiled in a workers' compensation case involving asbestos exposure, a divided Ohio Supreme Court held Sept. 3 in excluding the testimony (Mary Lou Burkhart v. H.J. Heinz Co., et al., No. 2013-0580, Ohio Sup.).

Mealey's Toxic Tort/Environmental - Ohio Court Finds Decedent's Tort Deposition Inadmissible In Workers' Comp Case

COLUMBUS, Ohio - Manufacturers present at a man's deposition did not share the required similar motives or predecessor-in-interest status with an employer embroiled in a workers' compensation case involving asbestos exposure, a divided Ohio Supreme Court held Sept. 3 in excluding the testimony (Mary Lou Burkhart v. H.J. Heinz Co., et al., No. 2013-0580, Ohio Sup.).

Mealey's PI/Product Liability - Workers' Comp Law Covers Occupational Asbestos In Car, Judge Says

MADISON, Wis. - The transfer of asbestos fibers from a workplace to a car or home does not negate the exclusivity provision of the Wisconsin Workers' Compensation Act, a federal judge held Aug. 22, granting dismissals in six cases (Milton Boyer and Kathy Boyer v. Weyerhaeuser Co., et al., No. 14-286, W.D. Wis.; 2014 U.S. Dist. LEXIS 117062).

Mealey's Litigation Procedure - Workers' Comp Law Covers Occupational Asbestos In Car, Judge Says

MADISON, Wis. - The transfer of asbestos fibers from a workplace to a car or home does not negate the exclusivity provision of the Wisconsin Workers' Compensation Act, a federal judge held Aug. 22, granting dismissals in six cases (Milton Boyer and Kathy Boyer v. Weyerhaeuser Co., et al., No. 14-286, W.D. Wis.; 2014 U.S. Dist. LEXIS 117062).

Mealey's Labor & Employment - Workers' Comp Law Covers Occupational Asbestos In Car, Judge Says

MADISON, Wis. - The transfer of asbestos fibers from a workplace to a car or home does not negate the exclusivity provision of the Wisconsin Workers' Compensation Act, a federal judge held Aug. 22, granting dismissals in six cases (Milton Boyer and Kathy Boyer v. Weyerhaeuser Co., et al., No. 14-286, W.D. Wis.; 2014 U.S. Dist. LEXIS 117062).

Mealey's Toxic Tort/Environmental - Workers' Comp Law Covers Occupational Asbestos In Car, Judge Says

MADISON, Wis. - The transfer of asbestos fibers from a workplace to a car or home does not negate the exclusivity provision of the Wisconsin Workers' Compensation Act, a federal judge held Aug. 22, granting dismissals in six cases (Milton Boyer and Kathy Boyer v. Weyerhaeuser Co., et al., No. 14-286, W.D. Wis.; 2014 U.S. Dist. LEXIS 117062).

Mealey's PI/Product Liability - Ill. Workers' Comp Time Bar Triggers Tort Option In Asbestos Cases, Court Says

CHICAGO - Employees suffering from asbestos-related injuries may pursue a tort action against an employer where the state's Workers' Compensation Act's statute of repose bars a workers' compensation claim, an Illinois appeals court panel held June 27 (Ellen Folta, et al. v. Ferro Engineering, a division of ON Marine Services Co., No. 1-12-3219, Ill. App., 1st Dist.).

Mealey's Toxic Tort/Environmental - Illinois Workers' Comp Time Bar Triggers Tort Option In Asbestos Cases, Court Says

CHICAGO - Employees suffering from asbestos-related injuries may pursue a tort action against an employer where the state's Workers' Compensation Act's statute of repose bars a workers' compensation claim, an Illinois appeals court panel held June 27 (Ellen Folta, et al. v. Ferro Engineering, a division of ON Marine Services Co., No. 1-12-3219, Ill. App., 1st Dist.).

Mealey's Labor & Employment - Officer Injured While Exercising At Home Granted Workers' Comp

BUTTE, Calif. - The injury a correctional officer sustained while exercising at home arose in the course of his employment, and the officer is entitled to workers' compensation, a California appellate panel ruled June 25 (Daniel Young v. Workers' Compensation Appeals Board, et al., No. C075047, Calif. App., 3rd Dist.; 2014 Cal. App. LEXIS 562).

Mealey's Insurance - Panel Reverses Rating On Workers' Comp Claim Against Insolvent Insurer

CORPUS CHRISTI, Texas - A Texas appeals panel on June 5 reversed a trial court's impairment rating on a workers' compensation claim with an insolvent insurer and rendered judgment that the injured employee's impairment rating is 10 percent (Lumbermens Mutual Casualty Co. v. Noe Portillo, No. 13-13-00219, Texas App., 13th Dist.; 2014 Tex. App. LEXIS 5977).