A court of appeal in California has ruled that the only option for remedy for the family of a man from California who died from mesothelioma is workers’ compensation.
Lario Melendrez died in 2011 of mesothelioma having worked at Ameron International Corp. from 1961 to 1985 based in Pasadena, California. His wife and children filed a wrongful death lawsuit against Ameron arguing that he was exposed to asbestos not only at work but due to waste material that Ameron permitted him to take home for personal projects.
The Los Angeles Superior Court ruled in favor of Ameron in 2014, finding that Mr. Melendrez’s death was indeed work related since he only received the waste due to his employment at Ameron, and stated that the only remedy was workers’ compensation.
Mr. Melendrez’s family appealed stating that working at home in his own time, even though the waste was supplied by his employer should not be covered by workers’ compensation but the appeal failed.
The three judges did not deny that Melendrez’s exposure to asbestos during his employment with Ameron substantially contributed to his mesothelioma, but upheld that workers’ compensation should cover the mesothelioma.
If you have been diagnosed with any an asbestos related disease, you may be entitled to monetary compensation. To find out how we can help you recover for your asbestos related claim, contact the Law Office of Brayton Purcell, LLP at (800) 598-0314 immediately, or contact us online for a free consultation.
