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Latency, Latency, Thou art Everything: DE Asbestos Award and Guess What? Permanency Award Based on AMA 6th

Today's case du jour is an occupational disease claim involving a union worker based at the Delaware City Refinery from 1982 to 2007. The diagnosis of bilateral interstitial fibrosis consistent with asbestos-related lung disease was not in dispute. Up for debate was the employer on the risk for the...

MO: Smoker Awarded PTD for Lung Disease

The Commission awarded life-time benefits to a mechanic because of COPD and pleural fibrosis, caused by smoking cigarettes and working as a mechanic exposed to pipe insulation, smoke, dust and fumes for 32 years. Medical experts agreed that work and "many years" as a smoker both contributed...

PA: Where Occupational Disease Is Manifested Outside 300-Week Prescription Period, Civil Action Against Employer Is Not Barred by Exclusivity

In a split decision, the Supreme Court of Pennsylvania recently held that claims for an occupational disease, in this case mesothelioma resulting from asbestos exposure, which manifested outside the 300-week period prescribed by the Workers' Compensation Act (WCA), 77 Pa. Stat. Ann. § 411(2...