Missouri Mesothelioma Lawyer

Missouri Occupational Lung Disease Lawyer

Posted on by David G. Hughes

I am handling workers’ compensation lung disease cases all over the State of Missouri for employment-related conditions including asbestosis, mesothelioma, and silicosis.

Some of the jobs which are more likely to cause occupational lung diseases include:

  • Construction Workers: Workers who are involved in drywall, cement insulation, concrete, sanding, and drilling tools are likely to develop lung diseases. These workers inhale dust in renovation and demolition work that can cause asbestosis, mesothelioma, lung cancer, and silicosis.
  • Welders: The welding process involves working with molten metal that produces toxic fumes which can cause various lung conditions, including, but not limited to, asbestosis.
  • Miners: Workers at mining sites are at a high risk of developing several lung diseases, as they are prone to lung ailments such as silicosis.
  • Aerospace Industry Workers: These workers are exposed to beryllium, which causes berylliosis, or lung cancer. Some of the symptoms of berylliosis are shortness of breath, weight loss, fatigue, and dry cough.
  • Factory Workers: Factory workers inhale gases, chemicals, and dust that can cause a variety of lung diseases.

Symptoms of occupational lung diseases can take many years to surface. In the earliest stages, they are often misdiagnosed as the cold or flu. The difference is that the symptoms of occupational lung disease are persistent. Often, patients suffering from occupational lung disease will stop responding to treatment. Any cough or upper respiratory distress you experience that lasts longer than two weeks should be evaluated by your physician. In order to accurately diagnose your condition, a biopsy, x-ray, or other tests may be required.

If you believe you have suffered a work-related lung disease, please call David G. Hughes at Mogab & Hughes Attorneys, P.C. at 314-241-4477. Visit my Attorney Profile

St. Louis Attorney David Hughes was a Recent Speaker Regarding Mesothelioma and Other Toxic Exposure Claims at the Missouri Division of Workers’ Compensation Educational Seminar on May 5, 2021

Posted on by David G. Hughes

On May 5, 2021, Attorney David Hughes gave his claimant perspective on the most recent developments in Mesothelioma and other toxic exposure claims at the Annual Missouri Division of Workers’ Compensation Educational Seminar. He discussed updates on the recent Hegger Case as well as many important issues that remain unanswered in prosecuting toxic exposure claims.

He participated in discussions with a defense attorney regarding Accident Fund Insurance Company; E. J. Cody Company v. E. Robert Casey, Employee/Delores Murphy – 550 S.W.3d 76 (Mo. Sup. Ct. 2018) and Vincent Hegger (deceased), et al. v. Valley Farm Dairy Company, et al., 596 S.W.3d 128 and Hayden v. Cut-Zaven, Ltd. and Papillion, Ltd., E.D. 108695 (Motion for Application to Transfer to Missouri Supreme Court was denied).

David’s Toxic Exposure & Workers’ Compensation in Missouri – The Claimant’s Perspective Presentation can be found here: Attorney David G. Hughes Mesothelioma & Asbestosis Presentation 5-2021

If you have been exposed to Asbestos while working in Missouri and have Mesothelioma or Asbestosis, call Attorney David Hughes at 314-241-4477.

Current Missouri Mesothelioma and Asbestosis Workers’ Compensation Law and Benefits – By Attorney David Hughes

Posted on by David G. Hughes

On May 22, 2018, the Missouri Supreme Court en banc decided Accident Fund National Insurance Company; E. J. Cody Company, Inc. v. E. Robert Casey, Employee/Delores Murphy.  550 S.W.3d 76 (Mo. Sup. Ct. 2018).  The Supreme Court decided that because Mr. Casey’s exposure to asbestos occurred while he was employed by E. J. Cody Company, Inc., its insurer, Accident Fund National Insurance Company, was liable for benefits under Section 287.200.4, R.S.Mo. 2014.  Id. at 80.  The Supreme Court noted that the Missouri worker’s compensation law was amended in 2014 to provide enhanced compensation for individuals diagnosed with occupational disease such as mesothelioma, and that coverage is provided for “all claims filed on or after January 1, 2014, for occupational diseases due to toxic exposure which result in permanent total disability or death.”  Id.  The Court further held that Section 287.200 was constitutional as applied. Id. at 82.

In Vincent Hegger v. Valley Farm Dairy, decided by the Missouri Supreme Court on February 18, 2020, the Supreme Court affirmed the Labor Commission’s Decision and explained that employers who had elected to accept mesothelioma liability under R.S.Mo. 287.200.4 are not subject to civil liability for the occupational disease caused by toxic exposure.  No. SC97993, Pages 4-5.  The Supreme Court discussed that the difference between the Hegger and Casey cases was that in Casey, the employer was still in business when Casey filed his claim, and the employer was covered under a policy of insurance that included an endorsement entitled “Missouri Notification of Additional Mesothelioma Benefits.” Id. at 7.

Hayden v. Cut-Zaven was decided by the Missouri Court of Appeals Eastern District on September 22, 2020.  No. ED108695.  The Eastern District held that the claimant must produce evidence establishing a causal connection between the conditions of employment and the occupational disease.  Id. at Page 16.  There must also be evidence that establishes “a probability that working conditions caused the disease, although they need not be the sole cause,” and that “the claimant does not need to establish by medical certainty that his or her injury was caused by an occupational disease in order to be eligible for compensation.” Id.

In Landis v. St. Luke’s Hospital, et al., Injury Number 17-098196 (affirmed by the Labor and Industrial Relations Commission on April 16, 2020), The Honorable Kenneth J. Cain held that the trier of fact may make reasonable inferences from the evidence of mesothelioma. Wagner v. Bondex Int’l, Inc., 368 S.W.3d 340 (Mo. App. W.D. 2012).  Id. at Page 14.  Judge Cain further held that the employee shall be conclusively deemed to have been exposed to the hazards of an occupational disease “when for any length of time, however short, he is employed in an occupation or process in which the hazard of the disease exists.”  Id. at Page 15.  Further, 287.063(2) states the employer liable for the compensation “shall be the employer in whose employment the employee was last exposed to the hazard of the occupational disease prior to evidence of disability, regardless of the length of time of such last exposure.”  Id.  Judge Cain also held that absolute proof of asbestos in a particular workplace is not required, and that per R.S.Mo. 287.063.1 (2005), the employee shall be conclusively deemed to have been exposed to the hazards of an occupational disease when, for any length of time, however short, he is employed in an occupation or process in which the hazard of the disease exists. Id. at Page 16, Footnote #9.

If you have been exposed to Asbestos while working in Missouri and have Mesothelioma or Asbestosis, call Attorney David Hughes about a possible Mesothelioma /  Asbestosis lawsuit at 314-241-4477.