Untimely Answer No Matter in Case Involving Doubtful Silica-Related Injury

HARRISBURG, Pa. - A defendant's failure to timely answer a petition joining it to a lawsuit filed against the company's future owner did not entitle a plaintiff to a default judgment on claims related to his silica exposure and subsequent development of silicosis, a state commonwealth court has ruled. Neidlinger v. Workers' Compensation Appeal Board, No. 2738 C.D. 2001 (Pa. Comm. Ct.).

Affirming a decision to deny a petition filed by a former floor molder allegedly injured by silica dust, the Commonwealth Court of Pennsylvania found that the procedural issue involving the later-joined defendant mattered little in the absence of …