'Status' of State Injury Fund Subject of Respirator Companies' Appeal

CINCINNATI - A jurisdictional battle has emerged in a Kentucky coal miner's silicosis case where a state agency intervened to sue a third-party defendant to recoup workers' compensation benefits awarded to two of the plaintiffs. Baker, et al. v. Minnesota Mining and Manufacturing Co., et al., No. 02-5385, 02-5415, 02-5455 (6th Cir.).

The issue of whether the agency is an 'arm' of the state of Kentucky for purposes of defeating diversity jurisdiction has been fully briefed before the Sixth Circuit U.S. Court of Appeals and is expected to be scheduled for argument later this month.

The plaintiff coal miners, …