Workers' Comp Is Sole Remedy For Asbestos-Related Death, Louisiana Court Affirms

GRETNA, La. - The Louisiana Court of Appeals has ruled the exclusive remedy for an occupational disease alleged to have been caused by asbestos is the state's workers' compensation scheme because asbestos is a pathogen within the meaning of the statute. Brunet, et al. v. Avondale Industries Inc., et al., No. 99-CA-1354 (La. Ct. App., 5th Cir.).

Telles Brunet was employed by Avondale Industries Inc. from 1950-1978 at the Harvey Quick Repair Yard, where he was exposed to asbestos-containing products. Brunet, a long-time heavy smoker, contracted lung cancer and died on May 16, 1998.

On May 13, 1998, Brunet …