Reading Room

Pennsylvania Adopts The Separate Reaction Theory For Latex Allergy Claims

Jon 6655

The Pennsylvania Workers' Compensation Appeals Board has followed the theory adopted in a majority of jurisdictions that each discrete reaction to latex products constitutes a separate injury. Even though the worker may have suffered a reaction based upon a cumulative exposure to latex at many employments, the responsibility for compensating the injured worker falls upon the employer where the reaction in question occurred. Evans v. Phoebe Berks Health Care Cr., A98-3954 (Pa.Work.Comp.App.Bd. 2000), decided Feb. 1, 2000. 

Pennsylvania Adopts The Separate Reaction Theory For Latex Allergy Claims

Jon 6646

The Pennsylvania Workers' Compensation Appeals Board has followed the theory adopted in a majority of jurisdictions that each discrete reaction to latex products constitutes a separate injury. Even though the worker may have suffered a reaction based upon a cumulative exposure to latex at many employments, the responsibility for compensating the injured worker falls upon the employer where the reaction in question occurred. Evans v. Phoebe Berks Health Care Cr., A98-3954 (Pa.Work.Comp.App.Bd. 2000), decided Feb. 1, 2000. 

Iowa Court Liberalizes Latex Claims

Jon 9897

In a landmark case, the Iowa Supreme Court decided that latex allergy/sensitivity claims are to be considered work related accidents rather than occupational diseases and that sensitized workers are entitled to receive workers' compensation benefits including those for loss of functional ability. The Court's decision to pinpoint the reaction to a specific event rather than to a long period of occupational exposure will make it easier, less complicated, and less costly for injured workers to claim benefits.  

Iowa Court Liberalizes Latex Claims

Jon 9901

In a landmark case, the Iowa Supreme Court decided that latex allergy/sensitivity claims are to be considered work related accidents rather than occupational diseases and that sensitized workers are entitled to receive workers' compensation benefits including those for loss of functional ability. The Court's decision to pinpoint the reaction to a specific event rather than to a long period of occupational exposure will make it easier, less complicated, and less costly for injured workers to claim benefits.  

United States Workers’ Compensation Programs are Becoming Sensitized to Latex

Jon 8021

 Latex allergy sensitivity claims are becoming a more common phenomenon in workers’ compensation systems throughout the United States. Causal relationship between latex exposure and allergic reactions, including anaphylactic shock, has led to the reporting of 23 deaths to the Federal Drug Administration between 1988 and 1995. Although most commonly associated with latex gloves, natural latex rubber is used in more than 40,000 medical, surgical and household products. 

United States Workers’ Compensation Programs are Becoming Sensitized to Latex

Jon 8133

 Latex allergy sensitivity claims are becoming a more common phenomenon in workers’ compensation systems throughout the United States. Causal relationship between latex exposure and allergic reactions, including anaphylactic shock, has led to the reporting of 23 deaths to the Federal Drug Administration between 1988 and 1995. Although most commonly associated with latex gloves, natural latex rubber is used in more than 40,000 medical, surgical and household products. 

Manville Sued Tobacco Industry

Jon 10070

 The Trustees of the Manville Personal Injury Trust and H.K. Porter Co. targeted the tobacco industry in two separate lawsuits demanding contribution and indemnity for personal injury suits by asbestos claimants who were also smokers. The complaints are the first such actions by an insolvent manufacturer or a related claims trust. Recent weeks have seen the tobacco industry face similar lawsuits from solvent manufacturers of asbestos-containing products, such as Owens...

Manville Sued Tobacco Industry

Jon 10064

 The Trustees of the Manville Personal Injury Trust and H.K. Porter Co. targeted the tobacco industry in two separate lawsuits demanding contribution and indemnity for personal injury suits by asbestos claimants who were also smokers. The complaints are the first such actions by an insolvent manufacturer or a related claims trust. Recent weeks have seen the tobacco industry face similar lawsuits from solvent manufacturers of asbestos-containing products, such as Owens...

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