Exclusivity Doesn't Bar Worker's Civil Suit for Mesothelioma

An employee can sue his employer outside of the Workers' Compensation Act and the Workers' Occupational Diseases Act when the employee first learns of his injury after the expiration of the statute of repose under those acts, the Illinois Appellate Court ruled.Case: Folta v. Ferro Engineering, No. 1-12-3219, 06/27/2014, published. Facts: Doctors diagnosed James Folta with peritoneal mesothelioma in May 2011. He blamed his condition on his alleged exposure to asbestos while working for Ferro Engineering between 1966 and 1970. Since more than 41 years had elapsed since his expo...