Employee’s release holds in asbestos-Related cancer case — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Employee’s release holds in asbestos-Related cancer case

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The Michigan Court of Appeals recently ruled that a Grand Trunk Western Railroad employee who signed a liability release for asbestosis in return for a cash settlement could not sue later on when he developed lung cancer.

The court decided that the release covered known illnesses as well as risks associated with the asbestosis, and that the plaintiff knew he was at risk for cancer when he signed the release.

The Federal Employers’ Liability Act prohibits railroads from requiring employees to sign liability releases, but does not prevent them from using waivers to settle specific claims.  

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