W.Va. Federal Judge Denies Summary Judgment to Bayer CropScience

CHARLESTON, W.Va. - A federal judge has denied summary judgment to an employer asserting that its former employee's claims of peripheral nerve injury from exposure to hexane were both untimely and barred by the workers' compensation exclusivity provisions. Beckner v. Bayer CropScience LP, No. 2:05-0530 (S.D. W.Va.).

Judge John T. Copenhaver Jr. of the U.S. District Court for the Southern District of West Virginia issued his findings on March 2, denying Bayer CropScience's motion for summary judgment on toxic exposure claims asserted by former employee Roger D. Beckner.

Beckner was employed at Bayer predecessor Rhone-Poulenc's Institute chemical plant from 1985 …