Friday, January 23, 2009

Increased Risk for Space Workers Is Not Compensable Injury

BNA reports the dismissal of a suit by space center workers arising out of exposure to beryllium-containing products was upheld by the 5th Circuit. The court held that the workers were only able to show that the exposure resulted in increased sensitivity to the toxic substance, and that this was not a compensable injury.  Increased risk of developing chronic beryllum disease was not held to be sufficient to sustain the suit.  The case is Paz v. Brush Engineered Materials Inc., 5th Cir., No. 08-60085, 1/13/09. 

http://lawprofessors.typepad.com/mass_tort_litigation/2009/01/increased-risk.html

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