The Pennsylvania Supreme Court handed down a groundbreaking 52-page opinion in a mesothelioma lawsuit filed by the family of a stationary engineer against the University of Pittsburgh. The court upheld lower courts’ decisions that employees whose occupational diseases develop beyond the limits of the workers’ compensation and Occupational Disease Act have the right to file personal injury claims against their employer.
Mesothelioma Claims Engineer’s Life After Working 40 Years for University of Pittsburgh
The original mesothelioma lawsuit was filed by William L. Herold against the University of Pittsburgh and other named defendants in October 2019. The claim noted that Mr. Herold had worked for the University as a stationary engineer from 1976 until 2004. During that time, he was exposed to asbestos, and then as a foreman until he retired in 2015. Mr. Herold’s last exposure to asbestos was in 2004, and he was diagnosed with the rare asbestos-related disease in April 2019. He died in April 2022, 18 years after his last date of exposure to asbestos and 7 years after his last date of employment with the school.
In response to the claim, the University of Pittsburgh filed for summary judgment, arguing that mesothelioma was an occupational disease under the Occupational Disease Act (ODA) and, therefore, exclusively the domain of the Workmen’s Compensation Board. A trial court denied this argument, noting that Mr. Herold’s last exposure had occurred beyond the ODA’s time limits, and that the law’s ‘savings clause’ did not apply because mesothelioma was not listed in that clause, allowing the victim to pursue his claim in civil court.
Appeals Filed by University Fail in Mesothelioma Claim
The decision by the trial court was upheld on appeal by an appellate court, noting that the Workers Compensation Act and ODA sometimes failed to provide employees with mesothelioma incurred in their workplace from getting the compensation that they deserved. On reviewing and closely analyzing both sides’ arguments, the Supreme Court of Pennsylvania upheld both lower courts’ decisions.
In the opinion written by Chief Justice Todd, the court explained that ‘giving fidelity to the “Grand Bargain”’ of the state’s laws providing compensation to injured workers meant that a common law action for relief of an illness or death outside of the limitations period imposed by the ODA does not preclude an injured worker from filing a common law action against his employer. The case can now move forward for a jury to decide.
If you or someone you love has been exposed to asbestos and diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
