William R. Irwin
wirwin@smsm.com
Showing 2 posts by William R. Irwin.
New Illinois Workers’ Compensation Legislation: Unconstitutional If Applied Retroactively
With the passage of Senate Bill 1596 and the expected signing of the law by Governor J.B. Pritzker, Illinois lawmakers have again attempted to address perceived injustices associated with long-standing statutes of repose that bar claims of some plaintiffs who have been diagnosed with asbestos-related diseases many years after they were exposed to asbestos during their employment. Specifically, the law indicates that plaintiffs whose workers’ compensation claims against their employers are barred by the statute of repose for workers’ compensation claims may bring civil suits against their employers. This creates an exception to the exclusive remedy provision of the workers’ compensation system, which typically prevents employees from suing their employers for work-related diseases and injuries. More »
Illinois Appellate Court Throws Out Jury Verdict Finding Plaintiff with Asymptomatic Asbestosis Did Not Prove Any Physical Harm
On June 20, 2016, the Fourth District of the Illinois Appellate Court held in Sondag v. Pneumo Abex Corp. (No. 4-14-0918) (4th Dist. Ill. App. Ct.) (June 20, 2016) that a plaintiff who was diagnosed with asbestosis but with a lack of any clinical symptoms suffered no physical harm and thus could not maintain a product liability claim against a defendant whose product had exposed him to asbestos. More »
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