Work at Your Own Risk
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Updated: 7:28 PM Aug 1, 2005
Work at Your Own Risk
Wichita
A new court ruling is making things harder for Kansas workers to get compensation for work-related illnesses.
Posted: 7:24 PM Aug 1, 2005
Reporter: Jeff Golimowski
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August 1--A Wichita man on life support in Kansas City loses a court battle against Boeing.

Mike Scott has Leukemia, and is undergoing his second bone marrow transplant at KU Med in Kansas City. Scott's doctors say his cancer was caused by exposure to the hazardous chemicals toluene and benzene at Boeing.

Even though the judge in the case seemed sympathetic to the plaintiff, Scott's attorney says he had to deny their request based on how state law is written.

Scott did not file his workers comp request within the year required by law, even though he did not find out what caused his cancer until more than a year later.

The judge went on to say that courts cannot rewrite laws with which they disagree, and the court has no authority to resolve constitutional issues or base decisions on equity.

Scott's attorney says she has received five more calls from Boeing workers with cancer, going back as far as 1992. Four were outside the statute of limitations, but a fifth, who is a current Boeing employee with Leukemia, is not.

That person has filed a claim against the company.

As for Mike Scott's family -- they say they will keep fighting their battle in court, as Mike fights for his life. He is currently on life support at KU Med. He has been unconscious for the last ten days.

We called Boeing for comment on the Scott case, but were told the company does not comment on ongoing litigation or personnel matters.

The Scotts are encouraging everyone to contact their local representatives to the statehouse, to tell them to change current law.

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