On May 29, 2025, the Washington Supreme Court overturned its own precedent, stripping an employer of Workers’ Compensation Immunity for asbestos claims by expanding the Deliberate Injury exception. The court held that mere “virtual certainty” that an injury could result, as opposed to the statutorily required “deliberate intention … to produce injury,” was sufficient to strip immunity in asbestos-related cancer cases. This ruling will likely result in a dramatic increase in liability for employers in Washington State whose employees may have been exposed to asbestos. The opinion also leaves open the potential for expanded liability for other, non-asbestos-related, long latency claims.

Background In Cockrum v. C.H. Murphy/Clark-Ullman, Inc., the plaintiff worked at the Alcoa Wenatchee Work

See Full Page