A woman diagnosed with malignant mesothelioma has successfully reversed a court decision regarding her claim against her former employer. Though a court had granted the company’s request to dismiss her claim, she was able to prove that there were significant questions of fact to be determined, as well as to raise the question of whether the company should face sanctions for committing fraud on the court.
Woman’s Mesothelioma Blamed on Asbestos Falling from Ceiling in the Workplace
Roslyn T. Barnes was diagnosed with malignant mesothelioma in July 2019. She traces her illness to the period from 1976 to 1980 when she worked for Business Men’s Assurance Company of America (BMA). She recalled that work was constantly being done in the ceiling over her work area, and that frequently had to clean asbestos-contaminated dust from her computer.
She filed a worker’s compensation claim against the company’s successor, Athene, as well as a civil mesothelioma lawsuit. The company filed a motion to have the civil claim dismissed, pointing to a Missouri law that established that companies that carried workers’ compensation insurance with enhanced mesothelioma benefits in effect could not be held liable for civil charges.
Victim Raises Question of Truth in Company’s Claims of Mesothelioma Insurance Coverage
Though Athene argued that they could not be held liable for civil mesothelioma claims because they had included enhanced mesothelioma benefits in their workers’ compensation coverage, Ms. Barnes successfully pointed to several holes in the documentation of their coverage, raising significant questions as to whether it actually existed during the time of her claim.
The court agreed with the mesothelioma victim that the evidence suggested that the company may still have been shopping for coverage during the time in question, noting that the documents the company submitted in support of its arguments were not properly authenticated or self-proving. Because the record did not conclusively establish that Athene had valid workers’ compensation coverage in place for enhanced mesothelioma benefits on the date that Barnes submitted her workers’ compensation claim, the court granted Barnes’ appeal.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn about the support and resources that are available.
