Tooey v. AK Steel Corp.

I respectfully dissent, as I would find that the diseases in question were meant to be covered by the terms of the Workers’ Compensation Act, but that compensation is unavailable due to the expiration of the 300-week statutory period. Thus, I would find that the constitutional claims raised by Plaintiffs have become salient and that the Attorney General should be given an opportunity to participate. My reasoning follows.

*866As described by the majority, Plaintiffs contend, based on their reading of Section 301(c)(2) of the Workers’ Compensation Act (“WCA”),1 that their common-law claims are not…