California Appeals Court Upholds Ruling That Workers' Comp Act Bars Mesothelioma Action

SAN FRANCISCO - A wrongful death and survival rights action brought by the wife and children of a pipe inspector who died of mesothelioma is barred by the state Workers' Compensation Act, a California Court of Appeal has ruled in affirming summary judgment for defendant Ameron International Corp. Ashdown, et al. v. Ameron International Corp., No. A084561 (Cal. Ct. App., 1st App. Dist., Div. 3).

The appeals court found that none of the exceptions to the exclusivity of the workers' compensation remedy applied.

Gary Smith was employed between 1964 and 1966 as a pipe inspector for defendant Ameron International Corp.'s …