By Martin Klug, Esq.

Missouri has radically changed the comp rules for workers with mesothelioma with a new category of "occupational disease due to toxic exposure." What is mesothelioma? Mesothelioma is a rare and highly aggressive disease related to asbestos exposure. It can be distinguished from lung cancer and asbestosis. CDC reports the three primary types are pleural (cancer of the covering of the lung), peritoneal (cancer of the abdomen) and pericardial (cancer of the lining/surrounding of the heart). The mortality rate is 80% within two years and 92% within five years. Read more. 

Thomas A. Robinson, J.D., our Feature National Columnist, is a leading commentator and expert on the law of workers' compensation.

Federal: Former Employee's Retaliatory Discharge Action for Refusing Drug Test Associated with Comp Claim Fails. The Seventh Circuit Court of Appeals held that a federal district court's summary judgment in favor of a former employer was appropriate in a discharged employee's retaliatory discharge action, arising from...read more.

Federal: Employee of "Non-Subscribing" Texas Employer May Sue for Negligence; He Need Not Maintain Premises Liability Action. Construing Texas law, a federal district court has held that an employee of a "non-subscribing employer" under the Texas Workers' Comp Act could maintain a negligence action against the employer...read more.

New York: Employer of Undocumented Alien Still Enjoys Exclusivity in Third-Party Action Claiming Indemnification or Contribution. An employer does not forfeit the exclusivity defense in third-party actions for indemnification or contribution filed against it on the basis that the employer hired an undocumented alien....read more.

Federal: Hospital Employee, Injured in Slip & Fall While Visiting Newborn Daughter, May Sue Employer in Tort. Construing Massachusetts law, a federal district court denied an employer's motion for summary judgment in a negligence action filed against the employer...read more.