Pennsylvania Supreme Court Ruling Opens Door to Mesothelioma Claims Against Employers Beyond Statutory Limits
In a major victory for asbestos victims and their families, the Pennsylvania Supreme Court recently issued a powerful 5-2 opinion affirming the right of workers suffering from long-latency occupational diseases—such as mesothelioma—to pursue legal action against their employers even after the statutory limits of the state’s Occupational Disease Act (ODA) have passed. The decision marks a significant development in asbestos litigation across the Commonwealth and could pave the way for more victims of asbestos exposure to seek justice through the courts.
The case, brought by the family of a long-time University of Pittsburgh employee, challenged the University’s attempt to dismiss his mesothelioma lawsuit based on ODA time limitations. In rejecting this argument, the court reinforced a central principle that has guided asbestos litigation for decades: workers who suffer the devastating consequences of toxic exposures deserve a path to justice, even when their illnesses develop long after their last day on the job.
The former University of Pittsburgh employee worked as a stationary engineer—a role that involved working in boiler rooms, handling insulation, and maintaining machinery—putting him in frequent contact with asbestos-containing materials. While his last known exposure was in the early 2000s, it wasn’t until 2019 that he received a mesothelioma diagnosis. He passed in 2022 from the asbestos-caused disease.
Before his death the former employee filed a personal injury lawsuit against the University of Pittsburgh and other defendants. The University responded by arguing that the lawsuit was barred under the ODA and the Workers’ Compensation Act, both of which contain strict statutes of limitations—typically four years from the last date of exposure. The trial court disagreed and denied the University’s motion for summary judgment, allowing the case to proceed.
On appeal, both the intermediate appellate court and now the Pennsylvania Supreme Court sided with the plaintiff’s estate, holding that the long-latency nature of mesothelioma justifies a path to civil litigation when statutory remedies fail to account for delayed disease onset.
A Critical Legal Precedent
Writing for the majority, Chief Justice Debra Todd emphasized that rigid enforcement of the ODA’s four-year limit would effectively deny relief to individuals who develop deadly diseases like mesothelioma well beyond the statutory window. “Giving fidelity to the ‘Grand Bargain’” of Pennsylvania’s workers’ compensation framework, she wrote, means ensuring that injured workers are not left without any recourse when their injuries fall outside legislative time constraints.
This reasoning closely echoes the court’s 2013 landmark ruling in Tooey v. AK Steel Corp., where the justices held that workers could file personal injury lawsuits against their employers when their occupational disease appeared beyond the 300-week limitation set forth in the Workers’ Compensation Act. In Tooey, the court recognized that certain diseases—particularly those caused by asbestos—have exceptionally long latency periods, often spanning decades.
This recent decision builds upon that foundation, clarifying that the same principles apply under the ODA.
Implications for Asbestos Litigation in Pennsylvania
This ruling has far-reaching implications for workers across Pennsylvania who may have been exposed to asbestos decades ago but are only now beginning to suffer the health consequences. It opens the door for a wider range of personal injury lawsuits against employers, particularly in cases where workers developed mesothelioma or other asbestos-related diseases long after their employment ended.
We understand that mesothelioma can be devastating—not just physically, but emotionally and financially.
If you or a loved one has been diagnosed with mesothelioma or another asbestos-related disease, we urge you to reach out to our experienced attorneys. We are here to help you navigate your legal options and fight for the justice you deserve.
