8th Circuit Affirms Assessment of Damages in Subrogation Asbestos Dispute

ST. LOUIS -- The 8th Circuit Court of Appeals has upheld a district court's assessment of damages in a subrogation dispute, ruling that an employer does not have the right to recover all workers' compensation benefits paid when it is assessed a portion of liability. Conwed Corp., v. Union Carbide Corp., No. 04-3386/3855 (8th Cir.).

The April 18 decision rejected Conwed Corp.'s assertion that despite a jury finding that the company was only up to 91 percent liable for its employees' asbestos exposure, it should be able to recover full costs paid out in workers' compensation benefits.

According to the …