Pa. Appeals Court Agrees with Drug Firm's Exclusivity Argument

PHILADELPHIA - A Pennsylvania appellate court has reversed an order rejecting a drug company's preliminary objections to a wrongful death suit, agreeing with the defendant that a workers' compensation exclusivity bar applies. Ranalli v. Rohm and Haas Co., No. 871 EDA 2008 (Pa. Super. Ct.).

The Pennsylvania Superior Court said its Sept. 8 opinion addressed an issue of first impression in the Pennsylvania appellate courts, whether tort claims can be brought when a plaintiff cannot recover under the Workers' Compensation Act because of the application of a 300-week manifestation Statute of Repose.

Antonio Ranalli alleged that his wife's exposure to …