Workers’ Comp Protects Babcock & Wilcox From Employee’s Chromium Tort Suit

ABERDEEN, Miss. — A federal court has awarded summary judgment to Babcock & Wilcox Power Generation Group Inc. on claims linking a former employee’s lung cancer to workplace exposure to hexavalent chromium, ruling that the claims are barred by exclusivity provisions of the state’s Workers’ Compensation Act.

Judge Sharion Aycock of the U.S. District Court for the Northern District of Mississippi ruled Oct. 17 that, alternatively, the estate of Jimmy Sisk failed to bring its claims within the applicable one-year statute of limitations for assault and battery, requiring dismissal.

Pinnacle Trust Company brought this action as executor of Sisk’s estate, …