Plaintiff's Prior Workers' Comp Testimony at Issue in Silica Case

PHILADELPHIA - A former painter-sandblaster who testified that suffered shortness of breath for years before he was informed by a doctor that his injuries were silica-related is now fighting allegations that his claim is barred by the statute of limitations. Lopez v. Empire Abrasive Equipment Corp., et al., No. Aug. Term 2002; 2331 (Pa. Comm. Pls., Philadelphia Cty.).

Plaintiff Wilbert Lopez contends in an April 4 response to a defense motion for summary judgment that he filed his silica complaint in Philadelphia Court of Common Pleas well within two years of learning that he suffered from silicosis. His testimony, however, …