Pa. Justices OK Asbestos Claims Outside Workers' Comp Law

Law360, Philadelphia (November 25, 2013, 3:26 PM EST) -- The Pennsylvania Supreme Court ruled Friday that common law claims against employers for asbestos exposure were not foreclosed by a provision of the state’s Workers’ Compensation Act providing exclusive remedy for job-related asbestos claims when filed within 300 weeks of a plaintiff’s last relevant employment.

In a 5-1 decision, the court rejected arguments from a group of employers, including Chemetron Corp. the ESAB Group Inc. and AK Steel Corp., that provisions of the WCA making the law the sole remedy for work-related injuries and giving employees...
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