In the near future, I plan to reintroduce a revised version of Senate Bill 870 from the 2021-2022 session. This legislation aims to restore workers’ compensation coverage for occupational diseases.
 
Currently, the Workers’ Compensation Act and relevant case law do not cover occupational diseases that manifest more than 300 weeks after a worker’s last date of employment. However, many such illnesses, particularly those linked to asbestos exposure, like mesothelioma or asbestosis often take decades to develop noticeable symptoms, well beyond the 300-week limit. As a result, affected workers are barred from filing claims under the Act and must instead pursue compensation through lawsuits. This approach leaves workers with uncertain legal outcomes while exposing employers to costly litigation that could threaten jobs.
 
In a recent opinion, Justice David Wecht dissented from the majority's decision to expand employer liability for asbestos-related claims, arguing that the judiciary should not overstep its boundaries by effectively rewriting clear legislative intent. He emphasized that while delayed manifestation of diseases like mesothelioma presents challenges, it is the legislature's role—not the judiciary's—to amend the law accordingly.
 
This legislation aims to restore fairness in workers’ compensation for latent occupational diseases. Without this change, workers diagnosed with these illnesses will be forced to prove employer negligence in court, creating a burdensome process for both employees and businesses. By amending the Workers’ Compensation Act, this bill will once again ensure that both injured workers and employers are protected under the exclusive remedy provisions of the Act.
 
 Please join me in co-sponsoring this important legislation.