High Court Adopts New Standard for Intentional Harm Exception in Latent Disease Claims

The Washington state Supreme Court said a worker who developed mesothelioma from repeated occupational exposure to asbestos can pursue a personal injury case without first having to prove his employer had actual knowledge that an injury was certain to occur. Workers’ compensation is typically the exclusive remedy for occupational injuries and illnesses, but workers in Washington state can bring civil suits for intentional harm if they prove their employer knew its actions would cause an injury. The high court said such a standard won’t work for latent diseases, so it created a new...