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Latent Occupational Diseases

Workers’ Comp Board Appellate Division Addresses Various Issues Relative to Occupational Disease Cases

by PretiFlaherty on

The widow and estate of the decedent appealed a decision denying a Petition to Order Payment under Rule 1.1 in an occupational disease case. Rule 1.1 requires that, within 14 days of notice or knowledge of a claim to...more

Connecticut Appellate Court Issues Mixed Ruling on Coverage for Asbestos Liabilities

by Jones Day on

Manufacturers with asbestos liabilities should pay attention to the March 7, 2017, ruling in R.T. Vanderbilt Company v. Hartford Accident and Indemnity Company by the Connecticut Appellate Court. While the court issued...more

Illinois Supreme Court Holds Occupational Disease Pension Does Not Trigger Health Insurance Benefits

by Sedgwick LLP on

In 2003, the Illinois Supreme Court held that anyone who qualified for a line-of-duty pension under section 4-110 of the Illinois Pension Code qualified as having a “catastrophic injury” within the meaning of Section 10(a) of...more

Case Law Update: Rainey v. City of Charlotte

Rainey v. City of Charlotte (5/17/16) - This case the North Carolina Court of Appeals analyzed N.C. Gen. Stat. §97-58 and the statutory time limit to file an occupational disease. The Court dismissed an injured worker’s...more

Asbestos: the French State Council (“Conseil d’Etat”) holds the State liable when an employer is deemed responsible for...

by Reed Smith on

On the 9th of November 2015, the French State Council (“Conseil d’Etat”) admitted for the first time the possibility for an employer held liable on the grounds of inexcusable fault to take action against the State so as to be...more

Connecting an illness to one’s employment

by Howard Ankin on

Not all work-related disability is caused by sudden accidents. Many Illinois workers are permanently or temporarily disabled every year by occupational illness. According to the U.S. Bureau of Labor Statistics, more than...more

Injury By Accident – Workers’ Compensation Claim Basics

Workers’ compensation claims can arise one of two ways: 1) an accident or 2) by occupational disease. This post looks at the three elements a claimant must prove in injury by accident cases....more

Potential Employer Liability for Late Manifesting Occupational Diseases [Video]

In November 2013, the Pennsylvania Supreme Court shifted from prior precedent and held in Tooey et al. v. AK Steel Corp. that former employees may bring lawsuits against their former employers based upon certain late...more

Pennsylvania Effectively Eliminates Workers’ Compensation Act as Source of Protection for Employers from Suits Arising Out of...

by Wilson Elser on

On January 29, 2014, the Pennsylvania Supreme Court denied defendants’ Petition for Reargument of the Court’s November 22, 2013, ruling in Tooey v. AK Steel Corp. et al. The ruling held that the Pennsylvania Workers’...more

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