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Black-Lung Victims Vulnerable to COVID-19, but Comp Likely Won't Cover It

04/14/2020
. Pennsylvania's occupational disease landscape is also complicated somewhat by the famous Tooey v. AK Steel Corp. court decision. In that 2013 opinion the state Supreme Court held that because of the 300-week time limit on filing workers' comp asbestos claims an asbestos-disease stricken worker may seek remedy

Category: News

Insurers, Employers Far Apart on Tooey Bill

05/08/2019
with creating retroactive causes of action while still assuring these claimants are given the same relief and remedies as all other injured workers get. The debate over HB 1234 and how to handle asbestos claims comes six years after the landmark Tooey v. AK Steel Corp. ruling. In that 2013 decision

Category: News

New Bill Would Put Asbestos Claims Back in Workers' Comp

04/26/2019
last year and would go a step further in protecting companies and their affiliates from tort claims. The bill has been assigned to the House Labor and Industry Committee where Cox is chairman and a hearing is scheduled for 11 a.m. Eastern time May 6. Known as the Tooey Fix bill HB 1234

Category: News

Ward Tries Again With Bill to Put Asbestos Claims Back Under Comp

02/04/2019
climbed in recent years after the Pennsylvania Supreme Court in Tooey v. AK Steel Corp. held that because of the time limit in the state's workers' compensation law diseases that don't show symptoms for decades must be litigated in tort claims. The comp law now states that compensation is limited to

Category: News

Bill Would Put Asbestos Claims Back in Lap of WC

04/16/2018
SB 1052 would reverse the effects of Tooey v. AK Steel Corp. which held that because of a time limit in the state's workers' compensation law diseases that don't show symptoms for decades must be litigated in tort claims. Pennsylvania's workers' compensation statute requires that diseases must

Category: News

History of Major Contributing Cause Standard Suggests Adoption May not Yield Savings

06/16/2015
afoot" to try to legislatively overturn the Supreme Court's ruling in Tooey v. AK Steel Corp. but under the law as it now stands in Pennsylvania "employers can't use the immunity comp creates as a shield if you have no legal right to avail yourself of the comp system." Defense attorney Peter

Category: News

High Court Says Industrial Insurance Act Barred Worker's Mesothelioma Suit against Boeing

09/19/2014
a civil remedy instead. The Pennsylvania Supreme Court took a similar view late last year when it allowed Spurgeon Landis and John Tooey to sue their former employers in tort as well. Additionally in 2012 a divided Virginia Supreme Court ruled that the widow of a seaman who died of

Category: News

High Court to Review Employee's Entitlement to Return-to-Work Notice

08/18/2014
to a state trooper for his psyche injury after a woman committed suicide by jumping in front of his cruiser; Phoenixville Hospital v. WCAB which said a worker has to be allowed to introduce evidence of an unfruitful job search conducted in good faith before her benefits can be modified; and Tooey v

Category: News

Attorneys Debate Impact, Application of Recent Court Rulings

04/21/2014
of these cases Payes v. WCAB Phoenixville Hospital v. WCAB and Tooey v. AK Steel Corp. involved reversals of the Commonwealth Court which would seem to suggest there is an ideological divide between it and the Supreme Court. Allegheny County Workers' Compensation Judge David Torrey on

Category: News

High Court: Exclusivity Did Not Bar Workers' Occ. Disease Claims

11/26/2013
The Pennsylvania Workers' Compensation Act's exclusive remedy does not bar the tort claims of former employees who developed occupational diseases more than 300 weeks after leaving their employment the state Supreme Court ruled. Case Tooey v. AK Steel Corp. Nos. J-38A-2012 J-38B-2012 and

Category: News

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