Vincent Hegger (Deceased) v. Valley Farm Dairy Company

Summary

The Court affirmed the Commission’s denial of enhanced mesothelioma benefits because Valley Farm ceased operations before the statutory enhanced benefit existed and therefore could not affirmatively elect to accept mesothelioma liability. The Court interpreted the statute’s use of “elect” to require an affirmative act specifically directed toward accepting enhanced liability, rather than merely maintaining preexisting workers’ compensation insurance. Because Valley Farm made no such election, it was deemed to have rejected enhanced liability.