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Austin v. Abney Mills9/4/2002
re, just as in Walls v. American Optical Corp., 98-0455 (La. 9/8/99), 740 So. 2d 1262, this Court should again refuse "to require all long-latency occupational disease cases to be governed by the law in effect on the date the victim was exposed to the disease causing agent." See Walls, supra at 1270. I would adopt the manifestation theory to this long-term latency disease case, as it is the theory most easily applied, and which most closely aligns with the principles behind the workers' compensation scheme, while at the same time comporting with the established tort law requirements of fault, causation, and damages. Further, it avoids the serious problems that result with the adoption of the significant exposure theory.
For all of the above reasons, I respectfully dissent.
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