Howmet Aerospace is currently defending itself against a mesothelioma claim filed against it by a former employee. While the company maintains that the former smelter employee is restricted to filing a workers’ compensation claim, the victim is seeking an exception to the rule, and after the Washington State Labor Department filed an amicus brief in support of the worker, the company argued that the filing is inappropriate.
Mesothelioma Victim Argues that Company Knowingly Exposed Him to Harm
Jeffrey L. Cockrum and his wife filed a mesothelioma claim against Howmet Aerospace, but their case was dismissed based on restrictions against employees filing civil claims against their employers. Though the couple was told they were restricted to a workers’ compensation claim in the case involving his occupational exposure to asbestos, they appealed that decision based on the deliberate injury exception, arguing that the company’s predecessor, Alcoa, had known of “continuing illnesses among employees” but failed to warn him or provide protection.
The Washington Court of Appeals upheld the lower court’s ruling dismissing the mesothelioma victim’s claim, agreeing there was no proof Alcoa had actual knowledge Mr. Cockrum would certainly be injured. The couple then appealed to the Washington State Supreme Court, and the state’s labor department filed an amicus brief in their support, asking that the lawsuit be revived and the existing liability rule for this type of claim be rewritten to allow workers to seek compensation when employers deliberately expose them to toxins known to cause occupational diseases. Howmet’s attorneys objected, saying the Department of Labor’s filing was inappropriate.
Asbestos Company Objects to Amicus Brief in Mesothelioma Claim
In its objection to the Washington State Labor Department’s amicus brief in support of the mesothelioma victim, Howmet Aerospace’s attorney said, “Amici are not supposed to be bringing issues like constitutional questions and interjecting them into the case…. Just because you’re a state agency doesn’t mean you get to ignore all of these fundamental processes about how issues get raised.”
In response, an attorney representing the labor department argued that workers’ compensation rules are meant to address issues surrounding workplace accidents rather than deliberate actions of the employer, and said, “The Department of Labor and Industries feels that if that sort of behavior can be tolerated, it really puts workers in disadvantaged circumstances who don’t have the bargaining power to have their employer treat them right.” This idea was echoed by Mr. Cockrum’s attorney, who asserted, “Under the rule of law that [Howmet’s attorney] has articulated, you could have the workers at Fukushima nuclear plant, who were tasked with cleaning up liquid plutonium – they would e precluded from bringing a case because it is not certain that every individual exposed to plutonium gets leukemia.”
As the Washington Supreme Court weighs its decision in the case, the Patient Advocates at Mesothelioma.net are here to answer any questions you may have about your diagnosis. Contact us today at 1-800-692-8608 to learn more.
