The Pennsylvania Supreme Court has ruled that the Workers’ Compensation Act does not cover occupational diseases, such as mesothelioma, that manifest more than 300 weeks after employment ends. The decision frees potential plaintiffs to seek compensation from their former employers through common-law actions.
On Nov. 22, a divided Supreme Court sent two mesothelioma cases back to the trial court after the Superior Court barred the actions. The cases involved plaintiffs whose mesothelioma manifested far outside the 300-week period prescribed by Section 301(c)(2) of the Workers’ Compensation Act.
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