Parties Await Ruling on Motion Claiming Workers' Compensation Immunity for Medical Monitoring Claims

HUNTINGTON, W.Va. -- Plaintiffs in a West Virginia benzene class action have opposed a motion to dismiss their claims, arguing that their causes of action for medical monitoring are not precluded by the Workers' Compensation Act because the members of the class do not presently suffer from injuries as defined by the Act. Bradley, et al. v. SWVA Inc., et al., No. 02-C-0587 (W.Va. Cir. Ct., Caball Cty.).

In an Oct. 15 opposition filed in the West Virginia Circuit Court for Cabell County, the plaintiffs refute their employer's contention that the defendant is immune from medical monitoring causes of …