Louisiana Supreme Court Hears Asbestos Case
On Monday December 2nd the Louisiana Supreme Court began to hear arguments regarding the intent of the 1952 Legislature which two contractors are claiming states that employee lawsuits are banned by exclusivity provisions for occupational diseases. According to the contractors this is stated in the Louisiana Workmen’s Compensation Act of 1952 at which time Ray Rando was employed by them. Mr. Rando was diagnosed with mesothelioma back in September of 2005.
Ray Rando previously had filed a lawsuit against eight companies claiming that they were responsible for his exposure to asbestos including Parsons Infrastructure & Technology Group Inc., and Jacobs Construction who both appealed the decision made by the 19th Judicial District Court of Baton Rouge which was later upheld by the 1st Court of Appeals. The other eight companies purportedly settled out of court.
The original lawsuit was filed approximately two months after Rando’s diagnosis.
Exposure to asbestos-containing materials can result in the development of mesothelioma. Additionally, asbestos exposure has been known to lead to the development of asbestosis, and lung cancer. Due to the long latency period of such diseases treatment options are often very limited by the time diagnosis occurs.
Federal limits regarding exposure to asbestos were not enacted until 1971 following the creation by Congress of the Occupational Safety & Health Administration.
