Asbestos illness is a disease and not a bodily accident injury covered by workers' compensation policies, the United States Court of Appeals, Fifth Circuit, has ruled.
The decision, by a three-judge panel of the New Orleans-based court, upheld a lower court decision in Louisiana in the case of Graphic Packaging International Inc. v. Employers Insurance of Wausau.
Under their ruling there is an exclusion for "bodily injury by disease" found in workers' compensation employers liability policies issued by Employers Insurance based in Wausau, Wis.
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