Karina Basso  |  March 6, 2015

Category: Labor & Employment

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Mesothelioma Asbestos LawsuitA Pennsylvania federal judge dismissed an asbestos Worker’s Compensation Act lawsuit filed against a FirstEnergy Corp. subsidiary, finding that the plaintiff needed to first seek administrative remedies under Pennsylvania’s Occupational Disease Act.

The asbestos lawsuit was originally filed by a woman who claimed her husband developed asbestos lung cancer from on-the-job asbestos exposure, which allegedly led to his death.

Pennsylvania Electric Co., a FirstEnergy subsidiary, argued that this asbestos lung cancer lawsuit did not have grounds to pursue further litigation because the plaintiff had not exhausted all possible remedies available to her under the ODA. In light of this, plaintiff Carolyn R. is obligated to bring her asbestos lung cancer claim before the Pennsylvania’s Workers’ Compensation Board for statutory relief.

According to the asbestos lung cancer lawsuit, because the judge ruled in favor of FirstEnergy and dismissed the complaint with prejudice, the plaintiff has been denied the chance to seek common law relief under the WCA. This asbestos lung cancer ruling is contrary to an earlier Pennsylvania Supreme Court ruling in the case of Tooey, et al. v. AK Steel Corp., which allowed Pennsylvania workers to file asbestos claims against their employers and seek relief under the WCA after a 300-week period.

However, the judge agreed with FirstEnergy’s argument:

“Despite the impact the Tooey decision had on claims filed under the Workers’ Compensation Act … occupationally injured employees are still required to exhaust their administrative remedies under the Pennsylvania Occupational Disease Act before pursuing a civil remedy. The Pennsylvania Supreme Court holding in Tooey did not obviate this requirement nor relieve plaintiff in this matter from her obligation to exhaust her exclusive administrative remedy on behalf of the decedent.”

According to Carolyn’s legal representative, the dismissal of this asbestos lung cancer lawsuit was procedural and was not based on the merit of the complaint even though the judge ruled in favor of Pennsylvania Electric Co.

This Asbestos Lung Cancer Lawsuit is Case No. 140103001, in the Court of Common Pleas of the State of Pennsylvania, County of Philadelphia.

Occupational Exposure to Asbestos

Certain trade professions have a higher chance of unknown asbestos exposure and therefore are at a higher risk of developing asbestos lung cancer. For example, Carolyn’s deceased husband was employed as a maintenance worker for Pennsylvania Electric and was allegedly exposed to asbestos on the job.

Occupations with a high risk of asbestos exposure include:

  • Auto mechanics
  • Shipyards workers
  • Paper mill workers
  • Construction workers
  • Textile workers
  • Insulation installers
  • Sheet metal workers
  • Roofers
  • Toll collectors
  • Tilers
  • Linotype technicians
  • Plumbers

These types of jobs put workers at an especially high risk of developing asbestos lung cancer because they are required to work in small, enclosed spaces with little to no protection. Additionally, according to recent asbestos lung cancer studies, these workers may have unknowingly exposed their family to asbestos fibers stuck to their work clothing, and thus these family members developed asbestos lung cancer through secondary exposure.

Because of these claims, many workers or families of deceased workers are now pursuing asbestos lung cancer lawsuits or joining asbestos lung cancer class action lawsuits, seeking compensation for the physical, emotional, and mental damage incurred because of asbestos exposure.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual asbestos lawsuit or asbestos class action lawsuit is best for you. [In general, asbestos lung cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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If you or a loved one were exposed to asbestos and developed mesothelioma, lung cancer, or cancer in the lining of the lungs, abdomen or chest cavity, you may be able to take legal action against the companies responsible. Don’t delay – in most states the statute of limitations is two years to file an asbestos lawsuit after you’re diagnosed. Obtain a free and confidential case evaluation be filling out the form below.

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