St. Louis Missouri Mesothelioma Lawyer Discussing Asbestos Exposure Cases

In a recent Supreme Court of Missouri Appeal case (Accident Fund Insurance Company; E.J. Cody Company, Inc. v. Robert Casey, Employee/Dolores Murphy), The Missouri Supreme Court ruled in favor of the Employee. Robert Casey died from mesothelioma caused by repeated exposure to asbestos in the workplace. Before his death, Mr. Casey worked as a floor tile installer and filed a claim for workers’ compensation benefits, with which his widow, Ms. Murphy, proceeded following his death. The Missouri Supreme Court stated “Due to his extensive asbestos exposure, Mr. Casey was diagnosed with mesothelioma in the fall of 2014. He filed a claim for workers’ compensation benefits against his Employer in February 2015. At the time he filed the claim, Employer was covered under an insurance policy purchased from Insurer. The policy included an endorsement titled “Missouri Notification of Additional Mesothelioma Benefits Endorsement,” providing in pertinent part: Section 287.200.4, subdivision (3), of the Missouri Revised Statutes provides additional benefits in the case of occupational diseases due to toxic exposure that are diagnosed to be mesothelioma and result in permanent total disability or death. Your policy provides insurance for these additional benefits. By accepting this policy, Employer opted in to liability coverage for the additional mesothelioma benefits provided by Section 287.200.4, which allows for enhanced compensation for “all [mesothelioma] claims filed on or after January 1, 2014.”

The Missouri’s workers’ compensation law was amended in 2014 to provide enhanced compensation for individuals diagnosed with occupational diseases such as mesothelioma. Section 287.200.4(3). Coverage is provided for “all claims filed on or after January 1, 2014, for occupational diseases due to toxic exposure which result in a permanent total disability or death.” Section 287.200.4. Employers may either accept or reject liability for mesothelioma. If an employer elects to accept liability, it must insure its “entire liability” under the act, which includes accepting all of the act’s provisions. In other words, an insurer cannot avoid certain liabilities by constructing its policy to exclude certain provisions of the workers’ compensation statute and cover only the provisions it prefers. The Supreme Court concluded that because Mr. Casey’s exposure to asbestos occurred while he was employed by E.J. Cody Company, Inc. (“Employer”), its insurer, Accident Fund National Insurance Company (“Insurer”), was liable since the employer purchased a policy which was meant to cover all of the employer’s workers’ compensation liability, and which included a mesothelioma endorsement to cover all liability arising out of any mesothelioma claims filed on our after January 1, 2014.

The Missouri Supreme Court found that the standard policy provision which limits liability for exposure injuries to those which were caused by exposure during the policy period was modified by the addition of the mesothelioma endorsement. The Court observed that to rule otherwise would make the mesothelioma endorsement “essentially worthless”.

When you or a family member has been diagnosed with Mesothelioma, our dedicated lawyers can help. Mogab & Hughes Attorneys has been in business for 55 years and has handled numerous work and non-work related mesothelioma cases. If you need help, contact Attorney David Hughes at 314-241-4477 or email davidhughes@mogabandhughes.com. We offer a free consultation, extensive knowledge in asbestos related diseases and laws, and will thoroughly investigate, research, and gather evidence for your Mesothelioma case.

 

HIPAA HIV Violation – Wrongful Disclosure of HIV Medical Records

Has a healthcare provider released your private medical information concerning your HIV Status without your permission? We are handling cases that involve the wrongful disclosure of a patient’s medical records concerning HIV in violation of HIPAA. The wrongful disclosure of HIV/AIDS medical records violates HIPAA (Health Insurance Portability and Accountability Act of 1996) which is United States legislation that provides data privacy and security provisions for safeguarding medical information. Missouri Revised Statute Section 191.656 provides statutory provisions (law) that must be followed by healthcare providers concerning information known to, and records containing information held or maintained by, any person, or by any agency, department, or political subdivision of the state concerning an individual’s HIV infection status or the results of any individual’s HIV testing, which shall be strictly confidential and only disclosed in certain circumstances in accordance with the law.  David Hughes of Mogab and Hughes Attorneys, P.C. has successfully handled cases against medical providers who have violated the statute and has recovered hundreds of thousands of dollars on behalf of our clients.

St. Louis Personal Injury Attorneys

If you are aware that your HIV Status or HIV/AIDS related medical records have been released without your permission, in violation of HIPAA, our experienced attorneys at Mogab and Hughes would be happy to assist you in pursuing a claim.

Contact us today at 314-241-4477 for a free consultation.

 

RECENT PERSONAL INJURY WINS AT MOGAB & HUGHES ATTORNEYS

In December 2016, I recovered $650,000.00 for a woman injured in a premises liability case. In January 2017, I recovered insurance policy limits of $500,000.00 for a woman who suffered back and shoulder injuries when she was struck by a car while riding her motor scooter in St. Louis County.  Also in January, 2017, I recovered $250,000.00 for a man struck by an uninsured motorist while operating his riding lawn mower.  My client suffered a fractured leg that required surgery.

Mogab and Hughes Attorneys, P.C. has more than 50 years of experience winning personal injury cases. Please call us for a free consultation at 314-241-4477.