Washington state high court creates new test on latent diseases
- July 9, 2025
- Posted by: Web workers
- Category: Workers Comp
An aerospace manufacturing worker in Washington who developed mesothelioma from repeated occupational exposure to asbestos can pursue a personal injury case without first having to prove his employer had actual knowledge that an injury was certain to occur, changing state case law on latent diseases and workers comp.
The new standard stems from a May 29 Washington Supreme Court ruling in Cockrum v. C.H. Murphy/Clark-Ullman Inc. et al. Jeffrey Cockrum developed mesothelioma after several decades of working for Alcoa Inc. He was repeatedly exposed to asbestos and at times worked without any protective gear, according to allegations in a personal injury lawsuit following a cancer diagnosis in 2022.
In the case against Howmet Aerospace, the corporate successor to Alcoa, a lower court granted the employer’s motion for summary judgment, finding that Mr. Cockrum failed to demonstrate the actual knowledge necessary to meet the deliberate injury exception. The Court of Appeals affirmed for the same reason.
Washington law allows injured workers to pursue civil suits for intentional harm if they prove their employer knew its actions would cause an injury. In the latest ruling, the high court said such a standard won’t work for latent diseases, so it created a new test that allows workers with diseases such as cancer to pursue civil cases alleging that their employer intended to harm them if they can prove the employer was virtually certain its actions were harmful.
“We conclude that in latent disease cases, virtual certainty is sufficient to prove the employer’s actual knowledge that injury was certain to occur,” the court said. “This does not alter the standard of actual knowledge injury is certain to occur that is generally required to satisfy the deliberate injury exception for immediate and visible types of injuries; this virtual certainty standard is limited only to latent disease cases.”
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