Potential Employer Liability for Late Manifesting Occupational Diseases
On 10 April 2024, the Supreme Court of Pennsylvania heard argument in Herold v. Univ. of Pittsburgh, in which the Court is reviewing a 2023 Commonwealth Court decision holding that the exclusive remedy provision of the...more
A wide range of employment-related laws will be implemented or updated in Mexico in 2024, including a revision of the list of occupational diseases and permanent disabilities, an increase in the minimum wage, and an update to...more
This week, November 5–11, 2023, Mexico’s Congress has continued to make progress on several legislative items that would amend the Federal Labor Law (FLL), including bills to amend or increase: (i) the list of diseases that...more
In Herold v. University of Pittsburgh, the Pennsylvania Commonwealth Court affirmed a Court of Common Pleas of Allegheny County decision, holding that: (1) common law claims for occupational diseases occurring four years...more
Over the next several weeks I will be releasing a series of articles on North Carolina Workers’ Compensation Death Claims. The articles will address the following five overarching issues...more
On May 17, 2019, Illinois adopted legislation eliminating the state’s 25-year statute of repose under the Illinois Workers’ Compensation Act for latent diseases. The legislation overturned the prominent Supreme Court decision...more
On October 4, 2019 (almost two years after granting certification), the Connecticut Supreme Court affirmed the Appellate Court’s rulings on four key coverage issues in R.T. Vanderbilt Company v. Hartford Accident & Indemnity...more
On May 17, 2019, Illinois Governor Pritzker signed legislation eliminating the state’s 25-year statute of repose under the Workers’ Compensation Act for latent diseases, overturning the prominent Supreme Court decision in...more
On September 20, 2018 the Supreme Court declined a petition for discretionary review of the North Carolina Court of Appeals decision in the matter of Briggs v. Debbie’s Staffing, Inc., 812 S.E.2d 706, 707 (N.C. Ct. App.),...more
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
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
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
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