WORKERS COMPENSATION: Asbestosis and statute of limitations: AK STEEL CORP. v. POLLITT (COA 7/18/2008)

AK
      STEEL CORP. v. POLLITT
      WORKERS COMPENSATION:  Asbestosis and statute of limitations
      2007-CA-001698
PUBLISHED:  AFFIRMING
      PANEL: THOMPSON PRESIDING; NICKELL CONCURS, VANMETER DISSENTS AND FILES
      SEP. OPINION
      WORKERS COMPENSATION BOARD
      DATE RENDERED: 7/18/2008

Asbestosis and statute of limitations – The claimant last worked at AK Steel in 1992, where he was exposed to asbestos.  He devolped respiratory symptoms in 2004, and discovered that he had a calcified plaque spot on his lung which was due to asbestos exposure.  He filed a claim for asbestosis and the ALJ found that it was timely filed based on the 20-year statute of limitations for asbestos-related diseases.  However, the ALJ found that he did not have asbestosis, but a calcified plaque condition which caused no impiarment but required yearly monitoring, and orderd AK Steel to pay for this.  AK Steel’s argument that the claim was timeb barred because this was an injury and the asbestosis statute of limitations did not apply was rejected.

Digested by Peter Naake