J. T. Thorp, Inc. v. Workers' Compensation Appeals Board

Opinion

SIMS, J.

In this case of first impression in the appellate courts, we address the question whether an employee suffering from asbestosis 1 can obtain workers’ compensation reimbursement for disease-related medical expenses incurred in the disease’s latent stages prior to the onset of any occupational disability. If so, does the pursuit of such a claim by the employee trigger statutes that limit the employer’s exposure for medical or disability claims to those filed within five years of the employee’s initial diagnosis even if the disease subsequently progresses to serious and disabling…