An Alcoa employee who developed mesothelioma can’t pursue a tort action against the company under the intentional injury exception to the state workers’ compensation law despite his contemporaneous symptoms, a Washington appeals court ruled Aug. 24 (Kalahar v. Alcoa, Inc., 2015 BL 272894, Wash. Ct. App., 72635-8-I, 8/24/15).
A workers’ compensation claim is the sole remedy for the employee’s asbestos exposure allegations because Alcoa Inc. couldn’t have known that an injury was certain to occur, the Washington Court of Appeals 1st Division said.
Citing Walston v. Boeing Co., 334 P.3d 519, the court said asbestos exposure ...
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