Kentucky Supreme Court Clarifies Workers' Compensation Laws

In 2002, James David Rehm died of cancer caused by asbestos.  Due to the laws at the time, his family believed that his lawsuit against various work sites where he was exposed to the asbestos would never get a full hearing.

The claims in the lawsuit against the 16 companies were considered to be prohibited under the Kentucky Workers' Compensation Act.  None of the companies directly employed Rehm.

A recent unanimus Kentucky Supreme Court ruling is now allowing Rehm's family to continue with the legal actions against 7 of the 16 companies.

The law originally discouraged companies from subcontracting work on a regular basis so they could avoid the cost of workers' compensation insurance.  The new ruling provides that a company is now responsible for subcontractual workers when "regular or recurrent" work takes place.

"Stated simply, (the law) refers to work that is customary, usual, normal or performed repeatedly and that the business or a similar business would perform or be expected to perform with employees."

The family with proceed with the lawsuits against American Standard, Ford, GE, Goodrich, International Harvester, Lorillard, and Reynolds Metals.