“This case made it possible for workers suffering from lung disease to sue their employers for civil damages,” Fasken Martineau senior associate Neil Searle points out.
“The Mankayi case . . . changed the preclusion under Section 35 of Coida such that it no longer applies to employees with claims for compensation arising from occupational diseases contracted in mines under the ODMWA. This, in turn, opened the door for the silicosis class action litigation,” Fouche explains.