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Associate Daniel B. Rousseau Obtains Dismissal of Asbestos Claim Under Missouri Workers’ Compensation Exclusivity Provisions

Associate Daniel B. Rousseau Obtains Dismissal of Asbestos Claim Under Missouri Workers’ Compensation Exclusivity Provisions

Kurowski Shultz Attorneys At Law


Daniel Rousseau recently obtained a dismissal from an asbestos products liability suit in the City of St. Louis on behalf of ACF Industries located in St. Charles, MO.  The plaintiff had been diagnosed with lung cancer and claimed exposure to asbestos while employed at an ACF premise.  Plaintiff argued that the Missouri Workers’ Compensation law did not apply based on RSMo § 287.020.11, which claimed limited “occupational diseases due to toxic exposure” with a list of diseases that did not include lung cancer.

The Court agreed with Rousseau, however, in finding that the exclusivity provision of Missouri’s Workers’ Compensation law does not apply only to “occupational diseases due to toxic exposure,” but to any occupational disease.  The Court found that the plaintiff’s lung cancer was “an occupational disease within the meaning of Chapter 287, and therefore is compensable…only in Workers’ Compensation.”

See Ronald Ardrey and Sharon Ardrey v. 3M Company, et al., No. 1522-CC11178, Missouri Circuit Court, 22nd Judicial Circuit, City of St. Louis.