In the six months since the state Supreme Court came out with a decision allowing common-law actions for mesothelioma and occupational disease suits, litigation has been picking up.
Several attorneys from across the state told the Law Weekly that plaintiffs with mesothelioma have started suing their former employers. The new actions have been a direct result of the state Supreme Court’s November 2013 decision in Tooey v. AK Steel, which 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 freed potential plaintiffs to seek compensation from their former employers through common-law actions.
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