In Re: Estate of W. Herold; Apl of: Univ of Pgh.

Summary

The Supreme Court of Pennsylvania affirmed the Commonwealth Court, holding that the Occupational Disease Act’s exclusivity provision applies only to claims asserting compensable disability or death occurring within four years of the employee’s last employment, so a common‑law action for Herold’s mesothelioma, which manifested beyond that period, is not pre‑empted. The Court also affirmed that the doctrine of primary jurisdiction does not bar such a claim.