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Claimants appealed from the denial of their claim for enhanced mesothelioma benefits, after decedent’s work for employer exposed him to inhalable asbestos fibers.
Where an employer was required to make an affirmative act to elect to accept enhanced mesothelioma liability, simply purchasing workers’ compensation for occupational disease did not constitute such an affirmative act.
Draper, C.J., dissenting: “I believe Valley Farm Dairy Company made an affirmative decision to purchase workers’ compensation insurance, which, as a matter of law, covered future occupational injuries. Once Vincent Hegger suffered his occupational injury, his compensation should have been that to which he was statutorily entitled at the time of his injury rather than when he was exposed to asbestos. I would reverse the Labor and Industrial Relations Commission’s decision and remand this case for further proceedings.”
Judgment is affirmed.
Hegger v. Valley Farm Dairy Company (MLW No. 74563/Case No. SC97913 – 14 pages) (Supreme Court of Missouri, Powell, J.) Appealed from circuit court, Cole County, Joyce, J. (Henry B. Robertson and Bruce A. Morrison, St. Louis, for appellants) (Jason K. Lewis and Alyssa M. Mayer, Jefferson City, for appellee)
