9th Circuit: Employer Can Offset Settlement Payments in Longshore Asbestos Case

SAN FRANCISCO - An employer who is entitled to offset periodic settlement payments received by the widow of a former asbestos-exposed employee may take a dollar-for-dollar credit for each payment when the claimant receives it, a federal appeals court has ruled. Gilliland v. E.J. Bartells Co., Inc., No. 00-70585 (9th Cir.).

Denying a petition for review filed by the widow, the Ninth Circuit U.S. Court of Appeals found that the rule applies regardless of whether the employer elects to fund its periodic payments by purchasing an annuity.

Dorelda Gilliland filed a claim under the Longshore and Harbor Workers' Compensation Act …