La. Court: Workers' Compensation Ruling Should Be Retroactive

SHREVEPORT, La. -- A Louisiana appellate court has determined that a 2009 Supreme Court decision determining that mesothelioma is not a compensable occupational disease under the state's pre-1975 version of the Workers' Compensation Act can be applied retroactively, according to a recent order. Bozeman, et al. v. Union Carbide Corp., et al., No. 46,425-CA (La. Ct. App., 2nd Cir.).

In the June 22 ruling that reversed a summary judgment award for an asbestos defendant, the Louisiana Court of Appeals for the 2nd District found that it would be inequitable not to apply the decision retroactively and further that "the retroactive …