4th Circuit Finds Last Maritime Employer Rule Constitutional And Awards Benefits

RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals has found that a rule under the Longshore and Harbor Workers' Compensation Act (LHWCA) apportioning full liability to a claimant's last maritime employer is constitutional, denying a shipbuilding company's petition for review of a benefits award. Newport News Shipbuilding and Dry Dock Company v. Stilley, et al., No. 00-1155 (4th Cir.).

In its March 12 decision, the court upheld benefits awarded to the claimant's widow under the LHWCA as a result of her husband's exposure to asbestos at Newport News, despite the fact that he was exposed to asbestos for …