Articles & Updates

Toxic Exposure Group Formed at Evans & Dixon

In response to the recent dramatic changes in the Missouri Workers’ Compensation Law involving ten designated occupational diseases caused by exposure to toxic chemicals, Evans & Dixon has created a team of attorneys who have the necessary skills to respond to these claims and to resolve them to our clients’ best advantage. Whether resolution is through trial or settlement, Evans & Dixon can help!

At the current State Average Weekly Wage, nine of the ten diseases create exposure of $173,576.00 and the tenth, mesothelioma, almost three times that, $551,971.68. Also, these “enhanced” benefits are to be paid in addition to the standard benefits for medical treatment and disability. Since these changes became effective on January 1, 2014, a substantial number of these claims have been filed, some even where the disease was diagnosed before the new amendments became law, and which would likely have never been filed but for the enhanced benefits.

Some, but only some, of the issues which these claims create are: the need for the employer to accept or reject mesothelioma liability, coverage, rates of compensation, the “last exposure rule”, the coordination of old and new law benefits, subrogation, complex issues of causation, the interaction between possible or pending civil actions in addition to the workers’ compensation proceedings, and even issues over constitutionality.

The Evans & Dixon Toxic Ten Team includes James Kennedy, Ronald Hack and David Ware. Mr. Kennedy has 47 years of extensive experience handling workers’ compensation claims and is a frequent author on workers’ compensation topics. Mr. Ware has 34 years of handling occupational disease and workers’ compensation claims in a variety of industries. Mr. Hack is an experienced toxic tort and environmental litigator with 35 years of experience.

For more information on the “Toxic Ten” or if you have questions regarding a claim, please contact attorneys James Kennedy, David Ware or Ronald Hack.