Legal Question in Workers Comp in Michigan

Definition of Intentional Tort

I was diagnosed with occupational asthma-COPD from

working with isocyanates. The company knew 5-10%

of workers would get this disease and still decided to use the product (TDI). Why isn't this considered an intentional tort?


Asked on 5/28/99, 3:21 pm

1 Answer from Attorneys

Joseph Spingola Joseph J. Spingola - Attorney at Law

Re: Definition of Intentional Tort

I see where you are in the State of Michigan. The question you ask "Why isn't this an intentional tort?" is a good one but requires a good deal of research of the case decisions of the State of Michigan. I have to assume that you have consulted some lawyers on this subject and have probably been told the law will not recognize an intentional tort in these circumstances. If that is the law in your state, then that's the law as set by your judiciary. There may also be some statutory restrictions enacted by your state legislature. Such restrictions are popular today to protect industry. If lawyers you have consulted are giving you these answers, you will have to accept the law of your state. If you have not consulted a local attorney, you should.

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Answered on 6/01/99, 7:33 pm


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