TOOEY v. AK STEEL CORPORATION

No. 647 WAL 2010.

20 A.3d 1184 (2011)

Kathleen TOOEY, Executrix of the Estate of John F. Tooey, Deceased, and Kathleen Tooey in Her Own Right, Petitioner v. AK STEEL CORPORATION (Individually and as Successor in Interest to Armco Steel Corporation); Crown Cork & Seal Company, Inc. (Individually, as Successor to Mundet Cork Company, and as Successor to Van Dorn Ironworks Company); E.E. Zimmerman Company; Foseco, Inc.; George V. Hamilton, Inc.; Hedman Mines, Ltd.; Insul Company, Inc.; I.U. North America, Inc.; McCann Shields Paint Company; Oglebay Norton Company (Individually and on Behalf of its Ferro Engineering Division); Tasco Insulations, Inc. (Individually and as Successor-in-Interest to Asbestos Service Company); the Gage Company (Formerly Pittsburgh Gage and Supply Co.); Theim Corporation, and its Division Universal Refractories Corporation; and United States Steel Corporation, Respondents.

Supreme Court of Pennsylvania.

May 17, 2011.


ORDER

PER CURIAM.

AND NOW, this 17th day of May 2011, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner, are:

(1) Whether application of 77 P.S. § 411(2), the "disease manifestation" provision of the Pennsylvania Workers' Compensation Act ("Act"), in concert with 77 P.S. § 481, the "exclusive remedy" provision of the Act, results in an unconstitutional denial of the "reasonable...

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