High Court: Exclusivity Doesn't Apply to Estate Time-Barred From Pursuing Disease Claim

Exclusive remedy does not prohibit the estate of a deceased worker from suing the worker's former employer for negligence when the estate is otherwise time-barred from pursuing benefits under the Occupational Disease Act, a split Pennsylvania Supreme Court ruled. The high court said the so-called "grand bargain" of workers' compensation is to provide an alternative remedy to torts for workplace injuries. Applying exclusivity to preclude a tort action when no other remedy is available would contradict the fundamental principle of work comp, the 5-2 majority ruled. "Acco...