Court Says Worker’s Beryllium Exposure Claim Limited to Workers’ Comp

PHILADELPHIA — A dental technician’s beryllium-injury claims do not fit within an exception to Pennsylvania’s workers’ compensation scheme because he failed to set forth a prima face case of fraudulent misrepresentation, Pennsylvania’s Superior Court has ruled. Kostryckyj, et al. v. Pentron Laboratory Technologies LLC, et al., No. 1604 EDA 2011 (Pa. Super. Ct.).

The appellate court said July 27 that plaintiff Michael Kostryckyj failed to show that the defendant dental laboratories actively misled or deceived him or undertook any actions that would fit within workers’ compensation’s narrow exception.

Kostryckyj and his wife and co-plaintiff, Chrystyna Rakoczy, alleged that Kostryckyj has …