CHICAGO - While it creates a harsh outcome, Illinois law forecloses on a tort remedy for a man whose mesothelioma arose outside the state's 25-year limit on workers' compensation claims, the majority of the Illinois Supreme Court held Nov. 4 (Ellen Folta, et al. v. Ferro Engineering, a division of ON Marine Services Co., No. 118070, Ill. Sup.).
TALLAHASSEE, Fla. - The judge of compensation claims (JCC) did not abuse his discretion in denying an objection to medical opinion testimony in a workers' compensation lawsuit, a Florida appeals panel affirmed Sept. 30 (Ernesto O. Sierra v. Metropolitan Protective Services and Guarantee Insurance, No. 1D15-0094, Fla. App., 1st Dist.; 2015 Fla. App. LEXIS 14510).
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).
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).
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).
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).
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).
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).
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).
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).