Pennsylvania Superior Court Rules Inability to File Worker’s Comp Claim Does Not Imply Right to Civil Suit

From the American Association for Justice News Brief of September 15, 2009:

The Legal Intelligencer (9/14, Passarella) reported, “The Superior Court, in a case of first impression, has thrown out a suit against Rohm & Haas made by the estate of a woman who developed, and died from, a brain tumor years after working for the company. In reversing the trial court in Ranalli v. Rohm & Haas Co., the Superior Court panel ruled the suit was barred by the exclusivity provisions of the Workers’ Compensation Act because the disease manifested 300 or more weeks after Olivia Ranalli worked at the plant.” The Court “also ruled a bar to workers’ compensation coverage doesn’t equal a right to a tort claim.” Personal injury defense attorneys in Reading, PA will in all likelihood hail this decision as favorable to the insurance industry. Personal injury attorneys in Reading, PA who represent injured workers will find that this ruling is unfair to injured workers.

Our lawyers at Liever, Hyman & Potter include the two co-chairs of the Berks Bar Association Workers’ Compensation Section, Andrew Fick and Adam Levin. This section includes personal injury attorneys in Reading, PA and other Berks County lawyers who represent injured workers, as well as personal injury defense attorneys in Reading, PA and Berks County, PA.