Quoted from http://www.riskandinsurance.com/story.jsp?storyId=533342728
Mesothelioma suit allowed to continue in court
In Missouri, the workers’ compensation exclusivity provision does not apply to occupational disease claims.
Case name: State ex rel. KCP&L Greater Missouri Operations Co. v. Cook, No. WD73462 (Mo. Ct. App. 09/13/11).
Ruling: The Missouri Court of Appeals held that a worker’s suit related to his occupational disease did not fall within the exclusive remedy provisions of workers’ compensation so his suit could continue.
What it means: In Missouri, the workers’ compensation exclusivity provision does not apply to occupational disease claims.
Summary: A worker sued his employer, alleging that his work-related exposure to asbestos caused him to develop mesothelioma. The employer asserted as an affirmative defense that the worker’s claims were barred because workers’ compensation was his exclusive remedy. The Missouri Court of Appeals held that the worker’s claims were not subject to the exclusivity of workers’ compensation because they did not arise out of an “accident” as the term is defined.
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