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Mealey's Labor & Employment - Court Finds Take-Home Asbestos Pipe Exposures Barred By Workers' Comp

LOS ANGELES - The state's workers' compensation exclusivity provision bars a tort action alleging exposures to asbestos from pipes a man brought home from work because it involves the same mesothelioma his occupational exposure triggered, a California appeals panel held Sept. 17 (Mary Melendrez, et al. v. Ameron International Corp., Nos. B256928, B259423, Calif. App., 2nd Dist., Div. 4; 2015 Cal. App. LEXIS 820).

Mealey's Toxic Tort/Environmental - Court Finds Take-Home Asbestos Pipe Exposures Barred By Workers' Comp

LOS ANGELES - The state's workers' compensation exclusivity provision bars a tort action alleging exposures to asbestos from pipes a man brought home from work because it involves the same mesothelioma his occupational exposure triggered, a California appeals panel held Sept. 17 (Mary Melendrez, et al. v. Ameron International Corp., Nos. B256928, B259423, Calif. App., 2nd Dist., Div. 4; 2015 Cal. App. LEXIS 820).

Mealey's PI/Product Liability - Judge Finds Workers' Comp Acts As Statute Of Repose, Bars Malpractice Claims

ROCK HILL, S.C. - South Carolina Supreme Court guidance indicates that the workers' compensation statute acts as a statute of repose, eliminating claims forming the basis of a putative class action over the allegedly improperly handling asbestos bankruptcy trust claims, a federal judge affirmed Aug. 27 (Odell Parker, et al. v. Asbestos Processing LLC, et al., No. 11-1800, D. S.C., 2015 U.S. Dist. LEXIS 113574).

Mealey's Labor & Employment - Judge Finds Workers' Comp Acts As Statute Of Repose, Bars Malpractice Claims

ROCK HILL, S.C. - South Carolina Supreme Court guidance indicates that the workers' compensation statute acts as a statute of repose, eliminating claims forming the basis of a putative class action over the allegedly improperly handling asbestos bankruptcy trust claims, a federal judge affirmed Aug. 27 (Odell Parker, et al. v. Asbestos Processing LLC, et al., No. 11-1800, D. S.C., 2015 U.S. Dist. LEXIS 113574).

Mealey's Bankruptcy - Judge Finds Workers' Comp Acts As Statute Of Repose, Bars Malpractice Claims

ROCK HILL, S.C. - South Carolina Supreme Court guidance indicates that the workers' compensation statute acts as a statute of repose, eliminating claims forming the basis of a putative class action over the allegedly improperly handling asbestos bankruptcy trust claims, a federal judge affirmed Aug. 27 (Odell Parker, et al. v. Asbestos Processing LLC, et al., No. 11-1800, D. S.C., 2015 U.S. Dist. LEXIS 113574).

Mealey's Toxic Tort/Environmental - Judge Finds Workers' Comp Acts As Statute Of Repose, Bars Malpractice Claims

ROCK HILL, S.C. - South Carolina Supreme Court guidance indicates that the workers' compensation statute acts as a statute of repose, eliminating claims forming the basis of a putative class action over the allegedly improperly handling asbestos bankruptcy trust claims, a federal judge affirmed Aug. 27 (Odell Parker, et al. v. Asbestos Processing LLC, et al., No. 11-1800, D. S.C., 2015 U.S. Dist. LEXIS 113574).

Mealey's Litigation Procedure - Nurse Was 'Borrowed Employee' Subject To Workers' Comp Act, Illinois Court Rules

MOUNT VERNON, Ill. - No issue of material fact remains as to whether a nurse assigned by a health care staffing agency to work in a hospital was a temporary employee of the hospital when she was injured after slipping and falling on the hospital premises, an Illinois appeals court ruled July 16 (Shelley Reichling v. Touchette Regional Hospital Inc., No. 5-14-0412, Ill. App., 5th Dist.; 2015 Ill. App. LEXIS 543).

Mealey's PI/Product Liability - Nurse Was 'Borrowed Employee' Subject To Workers' Comp Act, Illinois Court Rules

MOUNT VERNON, Ill. - No issue of material fact remains as to whether a nurse assigned by a health care staffing agency to work in a hospital was a temporary employee of the hospital when she was injured after slipping and falling on the hospital premises, an Illinois appeals court ruled July 16 (Shelley Reichling v. Touchette Regional Hospital Inc., No. 5-14-0412, Ill. App., 5th Dist.; 2015 Ill. App. LEXIS 543).

Mealey's Labor & Employment - West Virginia Court Finds Lack Of Asbestosis Fatal To Workers' Comp Claim

CHARLESTON, W.Va. - Lack of an asbestosis diagnosis dooms a widow's workers' compensation lung cancer claim, the West Virginia Supreme Court of Appeals held March 27 (Stella Watkins, widow of Clay Watkins Jr. v. Century Aluminum of West Virginia Inc., No. 14-0390, W.Va. App.; 2015 W.Va. LEXIS 225).

Mealey's PI/Product Liability - West Virginia Court Finds Lack Of Asbestosis Fatal To Workers' Comp Claim

CHARLESTON, W.Va. - Lack of an asbestosis diagnosis dooms a widow's workers' compensation lung cancer claim, the West Virginia Supreme Court of Appeals held March 27 (Stella Watkins, widow of Clay Watkins Jr. v. Century Aluminum of West Virginia Inc., No. 14-0390, W.Va. App.; 2015 W.Va. LEXIS 225).

Mealey's Toxic Tort/Environmental - West Virginia Court Finds Lack Of Asbestosis Fatal To Workers' Comp Claim

CHARLESTON, W.Va. - Lack of an asbestosis diagnosis dooms a widow's workers' compensation lung cancer claim, the West Virginia Supreme Court of Appeals held March 27 (Stella Watkins, widow of Clay Watkins Jr. v. Century Aluminum of West Virginia Inc., No. 14-0390, W.Va. App.; 2015 W.Va. LEXIS 225).

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.).