Pennsylvania Supreme Court Agrees with Nemeroff Law Firm: Recovery of Compensation by Former Employee Against Employer is in the Courtroom

PITTSBURGH, Jan. 29, 2025 /PRNewswire/ -- The Nemeroff Law Firm is pleased to announce it has secured a landmark legal decision in favor of employees who are left without compensation because their occupational diseases developed long after their hazardous workplace exposures ended.

In the case of Brad Lee Herold, as Executor of the Estate of William L. Herold v. University of Pittsburgh, et al., 2025 WL 258783, --- A.3d --- (2025), the Pennsylvania Supreme Court found the exclusivity provision of the Occupational Disease Act does not preclude an employee from seeking compensation through a civil action, when the timeliness provisions of the act operate as a de facto exclusion of coverage and preclude the historical quid pro quo or "grand bargain" between employer and employee from being effectuated.

The Herold decision builds on an earlier landmark ruling obtained more than a decade ago by the Nemeroff Law Firm in Tooey v. A.K. Steel, 81 A.3d 851 (2013) when the Supreme Court found the exclusivity provision of Pennsylvania Workers' Compensation Act was not implicated when the occupational disease did not develop within the act's 300-week jurisdictional time period.

In Herold, the decedent was employed by the University of Pittsburgh for more than 40 years as a stationary engineer working on its campus facilities where he was exposed to asbestos which resulted in his development of mesothelioma some fifteen years after his exposures to asbestos ended. During litigation, the University acknowledged the court's holding in Tooey permitted the decedent to file a civil action to obtain compensation. But it argued it was immune from civil liability under the Occupational Disease Act and its exclusive remedy provision. The University was joined by two additional state universities, amici Pennsylvania State University and Temple University. In a fifty-two (52) page opinion, the Supreme Court rejected the University's arguments finding they would shield the employer of all potential liability and would vitiate the quid pro quo, or "grand bargain" relied upon by the employee. In the Supreme Court's own words: "Where there is no possibility of compensation, the Grand Bargain is no bargain."

Together, Tooey, and now Herold, help protect the rights of injured workers. "These cases deliver a powerful message from the Supreme Court on the importance of protecting employee rights in the face of the corporate negligence" said Rick Nemeroff, founder of the Nemeroff Law Firm. "We believe every employee deserves the right to reasonable compensation for his injury or disease." According to Nemeroff, "this case demonstrates that workers should not have to suffer in silence. They have the right to seek recourse against negligent, harmful, and unfair treatment by their employers."

But the effect of the Supreme Court's ruling in Herold is not limited to the decedent and his family. Rather, it sets a precedent that will resonate across beyond the Commonwealth's boundaries. According to Nemeroff, "The decision we secured in Tooey has already helped shape the law which protects workers' rights in other states. As the excitement surrounding this victory in Herold continues, the firm hopes to inspire other attorneys and firms to take on similar cases that advocate for individual rights and protect our rights within the court system."

The Nemeroff Law Firm has made it the firm's mission to fight for justice, and advocate for the injured. With this win, they continue their dedication to ensuring that individuals' voices are heard and respected within the legal system.

About Nemeroff Law Firm:

Rick Nemeroff and the attorneys of The Nemeroff Law Firm have a combined 200+ years of experience in representing victims and their families against corporate negligence and wrongdoing. The Nemeroff Law Firm specializes in mesothelioma and catastrophic personal injury cases. With a commitment to advocating for justice, the firm has established a strong reputation for its dedication to its clients and its unwavering pursuit of justice in the legal system. Learn more: https://www.nemerofflaw.com/.

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SOURCE Nemeroff Law Firm