Folta v. Ferro Engineering
2015 IL 118070
Ill.2015Background
- James Folta worked for Ferro Engineering from 1966 to 1970, exposed to asbestos in his duties.
- In 2011 Folta was diagnosed with mesothelioma and filed a civil action in Cook County against Ferro and others for damages, including negligence.
- Ferro moved to dismiss under the exclusive remedy provisions of the Workers’ Compensation Act and the Workers’ Occupational Diseases Act.
- Folta died during litigation; his widow Ellen Folta was substituted and the complaint was amended to include wrongful death claims.
- The appellate court reversed, applying Meerbrey’s not-compensable exception to allow the common-law claim against Ferro, finding the disease not compensable due to the statute of repose.
- The Supreme Court reversed the appellate court, holding that the exclusive remedy provisions bar the common-law action even where the disease is latent and compensation would be foreclosed by repose.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does exclusivity bar a common-law claim when the disease is not compensable due to repose? | Folta: not compensable, so outside exclusivity. | Ferro: compensability depends on Act’s scope, not individual recoverability. | Yes; exclusivity bars the common-law action. |
| Whether section 6(c) of the OWDA (25-year repose) forecloses compensability and thus affects exclusivity. | Repose prevents any compensation, so a common-law remedy should be allowed under Meerbrey. | Repose bars compensation but exclusivity still governs workplace injury claims; cannot circumvent. | Section 6(c) acts as a repose that forecloses compensation, but exclusivity remains applicable to bar the action. |
| Should section 1(f) of the OWDA or related time limits change the outcome? | Latent disease with late disablement should be treated as outside compensable coverage. | Time limits under 1(f) do not remove the injury from the Act’s scope. | No; the Court declines to adopt a different result under 1(f). |
Key Cases Cited
- Meerbrey v. Marshall Field & Co., 139 Ill. 2d 455 (1990) (establishes four Meerbrey exceptions to exclusivity)
- Collier v. Wagner Castings Co., 81 Ill. 2d 229 (1980) (recognizes exclusive remedy framework and exceptions)
- Pathfinder Co. v. Industrial Comm’n, 62 Ill. 2d 556 (1976) (psychological injuries may be compensable under the Act)
- Moushon v. National Garages, Inc., 9 Ill. 2d 407 (1956) (exclusive remedy bars claims even when some damages are unrecoverable under the Act)
- Duley v. Caterpillar Tractor Co., 44 Ill. 2d 15 (1969) (exclusive remedy bars wrongful-death-type actions when only funeral expenses may be recoverable)
- Tooey v. AK Steel Corp., 81 A.3d 851 (Pa. 2013) (latency-related occupational disease claims outside 300-week window may proceed in tort)