Negligence: Asbestos Exposure-Mesothelioma Benefits-Workers’ Compensation Insurance

Listen to this article

Where appellant challenged the grant of summary judgment to respondent in her civil case for damages arising from an exposure to asbestos while she worked for respondent’s predecessor and her subsequent diagnosis of mesothelioma, there was a genuine issue of material fact as to whether the respondent had valid workers’ compensation insurance with enhanced mesothelioma benefits in place when the appellant filed her workers’ compensation claim, and the respondent failed to establish that workers’ compensation law was the exclusive remedy, so the judgment is reversed and remanded.

Judgment is reversed and remanded.

Barnes v. Athene Annuity & Life Assurance Company (MLW No. 80613/Case No. WD85464 – 15 pages) (Missouri Court of Appeals, Western District, Witt, J.) Appealed from circuit court, Jackson County, Campbell, J. (Louis Carl Accurso, Kansas City, MO, for appellant) (Vincent Edward Gunter, Kansas City, MO for respondent).