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Occupational Disease Act's Exclusive Remedy Inapplicable to Retired Worker

Friday, November 17, 2023 | 0

The Commonwealth Court ruled that where a former employee’s occupational disease is not compensable, he is not subject to the exclusive remedies defined in the Occupational Disease Act and may proceed with civil proceedings filed in the courts of common pleas. In August 2018, Robert McHenry filed suit against The Goodyear Tire & Rubber Co. McHenry was diagnosed with asbestosis in 2017 and blamed his condition, in part, on his exposure to asbestos-containing products when he worked as a mechanic for Goodyear from 1990 until 1991. Goodyear filed a motion to dismiss for lack o...

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