Pension Benefits Shouldn't Offset Asbestos Award, California Court Rules

SAN FRANCISCO - Evidence of pension and social security benefits that the widow of a former asbestos worker received following her husband's death cannot be used to offset damages against the asbestos manufacturers allegedly responsible, a California appeals court has held. McKinney, et al. v. California Portland Cement Co., et al., No. A091958 (Calif. Ct. App., 1st Dist.).

The California Court of Appeal said March 18 that any defendants' attempt to use such benefits as a means of offsetting potential damage awards, thereby applying the collateral source rule in reverse, does not serve the purpose of the rule.

"The purpose …