Kentucky Supreme Court Allows Secondary Mesothelioma Lawsuit Against Employer
- The Kentucky Supreme Court ruled that workers’ compensation exclusivity does not prevent a family from suing an employer for secondary asbestos exposure.
- In the case regarding the estate of Geneva P. Collins, the court determined that her take-home exposure was independent of her husband’s employment relationship.
- This decision allows for negligence claims when family members develop illnesses from hazardous materials brought home on work clothes.
- Consequently, businesses may face increased liability beyond traditional workers’ compensation limits for household-related injuries.
Proposed Rule Changes Redefine Joint-Employer Liability
- The Labor Department’s proposed rule expands joint-employer criteria, increasing workers’ compensation liability for businesses using contract or franchise labor.
- By broadening responsibility for workplace injuries through indirect control, companies face greater claim exposure and complex litigation.
- For stakeholders, this shift signals potential increases in premium costs and legal disputes
New York Mandate Fast-Tracks Insurance Denials for Injured Workers
- A new electronic filing mandate in New York is raising concerns that workers’ compensation insurers now have a streamlined “weapon” to deny medical treatments.
- Attorney Brian Mittman warns that the mandate requires all medical requests and responses to be submitted through a specific digital portal.
- This shift allows insurance carriers to issue automated denials for care if paperwork contains even minor technical errors.
- “The Workers’ Compensation Board’s digital mandate is a procedural update, but insurance companies will absolutely use it to delay approvals for critical medical treatment,” said David Tomack, founder of Tomack Law in a news release.
- Critics argue the system prioritizes administrative efficiency over the actual recovery needs of injured laborers.