Pennsylvania Commonwealth Court: Asbestos Cases

Our case-law library holds 14 asbestos decisions from the Pennsylvania Commonwealth Court (1972–2022). Each links to our summary and the full opinion.

• State: Pennsylvania
• Kind of court: State appeals court

Decisions

• Herold v. University of Pittsburgh (2022). The Commonwealth Court affirmed, on different grounds, the trial court's denial of summary judgment to the University of Pittsburgh, and remanded so Herold's estate could pursue its common law claims against the University.
• Geier v. Board OF Public Education OF School District OF Pittsburgh (2017). The Commonwealth Court affirmed the trial court's denial of summary judgment for the Pittsburgh school board (PBE), so the Geiers' negligence claim against PBE continues.
• City of Williamsport v. Workers'compensation Appeal Board (2016). The Commonwealth Court reversed the Workers' Compensation Appeal Board's order, which had upheld an award of fatal claim benefits to the widow, so the City of Williamsport won and the claimant lost.
• Zenak v. Police Athletic League OF Philadelphia (2016). The Commonwealth Court affirmed denial of Officer Zenak's post-trial motion, which left the nonsuits on his negligence and False Claims Ordinance claims in place. It reversed denial of the City of Philadelphia's post-trial motions because the whistleblower claim should not have gone to a jury, and remanded for the trial court to make its own findings or hold a new bench trial.
• JM Manufacturing/formosa Plastics Corporation v. Workers'compensation Appeal Board (2010). The Commonwealth Court reversed the Workers' Compensation Appeal Board's order, which had affirmed benefits for Claimant Barrett, and ruled for the Employer because Claimant did not establish asbestos exposure at the Franklin facility.
• Young v. Wcab (zinc Corp. OF America) (2006). The Commonwealth Court reversed the Workers' Compensation Appeal Board's affirmance of the denial of benefits, held Zinc Corporation of America liable to Mrs. Young as the last employer, and remanded for calculation and award of benefits.
• Ace Robbins, Inc. v. Wcab (bullock) (1994). The Commonwealth Court affirmed the Workmen's Compensation Appeal Board's order, which upheld the referee's award of benefits to claimant Bullock against his employer Ace Robbins, Inc.
• Fisk v. Wcab (general Elec.) (1993). The Commonwealth Court affirmed the Workmen's Compensation Appeal Board, which had required benefits to be calculated on the decedent's 1980 wage (date of last exposure) and had reversed the referee's 20% penalty against General Electric; the claimant widow lost on both issues.
• Ward v. Wcab (sun Refining) (1991). The Commonwealth Court affirmed the Workmen's Compensation Appeal Board's order, which let Sun Refining receive subrogation reimbursement of $107,739.68 from the widow's third-party settlements; Dorothy Ward lost.
• Peeples v. Wcab (foster Wheeler) (1990). The Commonwealth Court affirmed the Workmen's Compensation Appeal Board, holding that the employer Foster Wheeler was entitled to subrogation against the widow's third-party settlements and approving the Board's modified 988.4-week credit calculation.
• Maher v. Wcab (BP Oil Corp.) (1989). The Commonwealth Court reversed the Workmen's Compensation Appeal Board's affirmance of the referee's denial of benefits to claimant Maher against B.P. Oil Corporation and remanded for a determination of the date of disability and computation of benefits.
• Marcucci v. Wcab (BP Oil Co.) (1986). The Commonwealth Court reversed the Workmen's Compensation Appeal Board's order, which had denied benefits, and remanded for an award of death benefits to the widow, Olga Marcucci, against B.P. Oil Company.
• Asbestos Insul. Co. v. Wcab (McGOVERN) (1983). The Commonwealth Court affirmed the Workmen's Compensation Appeal Board's order, leaving Asbestos Insulating Co. and its insurer liable for the disability and death benefits of Joseph McGovern's widow.
• Bambrick v. Asten Hill Mfg. Co. et al. (1972). The Commonwealth Court reversed the awards of the Workmen's Compensation Board and the Philadelphia Common Pleas Court to Robert Utter, Margaret Utter and Alice Bambrick, and dismissed all three claim petitions in favor of Asten Hill, its insurers and the Commonwealth.