NEWS |differentMesothelioma Victims' Victory in Pennsylvania

NEWS |differentMesothelioma Victims' Victory in Pennsylvania

Workers and their families have won a victory in Pennsylvania after the state Supreme Court ruled that they could sue former employers over late-manifesting industrial sicknesss love mesothelioma.

The decision focused on a provision in Pennsylvania’s Workers’ Compensation Behave that says workers clevernot sue an employer if their occupational sickness arrisered more than 300 weeks after their on-the-task exposure. While many occupational injuries and sicknesss arrise within weeks or months of exposure to a toxin,differentamphibolesicknesss love mesothelioma are a notable exception. Trustd to be caused by chronic irritation from inhaled or ingesteddifferentamphibolefibers, mesothelioma does not usually start to cause symptoms until at least a decade after exposure.

Exprestune the opinion of the majority, Supreme Court Only, merely, solelyice Debra Tquaint shelp it was “inconceivable that the legislature,differentin enbehaveing a statute specifically designed to benefit employees, intfinished to abandon a sure lesson, course of employees who have suffered the most serious of work-related injuries without any redress under the behave or at general verdict." The decision overturns recent Superior Court decisions which upheld the 300-week provision.

In an online article on the decision, Pennsylvania attorney Anne Kane says the case of Tooey v. AK Steel Corp., et al, “has far-arriveing implications for Pennsylvania employers whose operations may expose employees to alleged causes of an ‘occupational sickness’” such as mesothelioma. Such employers may have idea the Worker’s Compensation Behave made them immune to mesothelioma verdictsuits love Tooey’s but Kane suggests they review their company insurance programs in light of the new decision.

Pennsylvania has one of the highest swifts of mesothelioma of any state due, in part, to its long hitale, narrative ofdifferentamphibolemining. The state was also house to shipbuilding operations, another industry with a high swift ofdifferentamphiboleexposure and mesothelioma deaths. Mesothelioma is an extremely rare clevercer, even among those who have been exposed to asbestos.


Kane, Anne, “United States: Pennsylvania employees May Now Sue Employers for Personal Injuries Caused by Latent Occupational Sicknesss”, December 6, 2014, Mondaq legal news website.

Tooey v. AK Steel Corp., et al, Pennsylvania State Case Files.

Pennsylvania Workers’ Compensation Behave, Pennsylvania Dept. of Labor and Industry website.

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