In the case of Estate of Burns v. Consolidation Coal Company, the deceased worker had worked as a coal miner for 38 years. His death was attributed to pneumoconiosis, pneumonia and severe chronic pulmonary disease. His widow filed state and federal claims related to his death, but she passed away before the claims were resolved. An arbitrator eventually found that the total benefits payable to the estate under the Workers’ Occupational Diseases Act were $97,845.45. During the pendency of that state claim, the employer conceded liability in a federal claim and paid $23,386.30 under the federal Black Lung Benefits Act.

After the state occupational disease benefits claim was upheld on appeal, the employer paid $89,865.30 to the wife’s estate, subtracting amounts paid under the federal claim, and adding interest. In its ruling, the Illinois Appellate Court held that the employer was not entitled to offset the amount of the federal claim against the workers’ compensation benefits.

Paul Greenberg is a Chicago workers’ compensation lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

In the case of Folta v. Ferro Engineering, James Folta allegedly sustained exposure to asbestos while working for the defendant, his employer, in the time period between 1966 and 1970. Forty-one years later, on May 17, 2011, he was diagnosed with peritoneal mesothelioma. 

Generally, the no-fault compensation provided under the Workers’ Compensation Act is the exclusive remedy for workers whose injuries arise out of and in the course of their employment. However, a statute of repose limits asbestos claims under the Act to a 25-year period from the time the employee was exposed. Another statute of repose limits claims under the Illinois Workers’ Occupational Diseases Act to a three-year period.

The First District Appellate Court ruled that because the plaintiff’s workers’ compensation claim was time-barred, his injury was “not compensable under the Act,” and he could therefore pursue a civil lawsuit against his employer.

Bob Briskman is a Chicago work injury lawyer and workers compensation attorney with Briskman Briskman & Greenberg. To read more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.