Reading Room

The statutory formula for compensability for occupational disease is similar to that for accidental injuries, that is, “compensation for personal injuries to or for death of such employee by any “compensable” occupational disease arising out of and in the course of the employment” Section 30. There appears to me to be three essential elements of Section 30. There must be an injury or death – due to a “compensable” occupational disease – which must arise out of and in the course of the employment. There is an exception for willful self-exposure but that exception has never been established, to my knowledge, so it is not that important.  

The statutory formula for compensability for occupational disease is similar to that for accidental injuries, that is, “compensation for personal injuries to or for death of such employee by any “compensable” occupational disease arising out of and in the course of the employment” Section 30. There appears to me to be three essential elements of Section 30. There must be an injury or death – due to a “compensable” occupational disease – which must arise out of and in the course of the employment. There is an exception for willful self-exposure but that exception has never been established, to my knowledge, so it is not that important.  

On March 9, the U.S. House of Representatives initiated markup of H.R. 1283, The Fairness in Asbestos Compensation Act. However, this bill is anything but fair to the victims and families of asbestos, and would only shield the manufacturers of deadly asbestos products from full accountability for the devastation they have caused by stripping dying and injured Americans of their legal right.  

On March 9, the U.S. House of Representatives initiated markup of H.R. 1283, The Fairness in Asbestos Compensation Act. However, this bill is anything but fair to the victims and families of asbestos, and would only shield the manufacturers of deadly asbestos products from full accountability for the devastation they have caused by stripping dying and injured Americans of their legal right.  

Even as the battle over the asbestos industry bailout bill continues full steam ahead in the House, Senate Majority Leader Trent Lott (R-MS) and Senator John Ashcroft (R-MO), the author of the bill, in an extraordinary April 4 colloquy on the floor of the Senate, declared the Senate version of the asbestos bill dead for the year.  

Even as the battle over the asbestos industry bailout bill continues full steam ahead in the House, Senate Majority Leader Trent Lott (R-MS) and Senator John Ashcroft (R-MO), the author of the bill, in an extraordinary April 4 colloquy on the floor of the Senate, declared the Senate version of the asbestos bill dead for the year.  

Delaware has always been known to be a corporate-friendly state, and a recent opinion in a latex claim continues to reflect that bias. The Superior Court of Delaware's ruling affirming the Industrial Accident Board's denial of benefits to a tire worker, who had been diagnosed with a latex allergy, reflects an archaic application of the rules of evidence that is inconsistent with current legal thinking. Richard Smith was employed on May 12, 1997 as a tire repairman by Service Tire Truck Center, Inc. 

Delaware has always been known to be a corporate-friendly state, and a recent opinion in a latex claim continues to reflect that bias. The Superior Court of Delaware's ruling affirming the Industrial Accident Board's denial of benefits to a tire worker, who had been diagnosed with a latex allergy, reflects an archaic application of the rules of evidence that is inconsistent with current legal thinking. Richard Smith was employed on May 12, 1997 as a tire repairman by Service Tire Truck Center, Inc. 

An Alameda County jury has awarded $6.5 million to a Kansas woman dying of cancer, saying that her illness is the result of childhood exposure to asbestos that her parents carried from their shipyard job in the 1940s to their then-San Bruno home.  

An Alameda County jury has awarded $6.5 million to a Kansas woman dying of cancer, saying that her illness is the result of childhood exposure to asbestos that her parents carried from their shipyard job in the 1940s to their then-San Bruno home.