Nebraska Court of Appeals Redefines Asbestos Workers' Date of Accrual, Modifies Award

LINCOLN, Neb. - A Nebraska appellate court has ruled that a state workers' compensation court erred in establishing a steamfitter's date of injury due to occupational asbestos exposure, modifying the lower court's award and affirming the decision as modified. Watson v. Omaha Public Power District, No. A-00-493 (Neb. Ct. App.).

The appeals court ruled on Jan. 30 that the compensation court incorrectly relied on a doctor's testimony, which was based on the date the doctor determined that the plaintiff was unable to work rather than the date he actually left his job.

Dale Watson was an employee of defendant Omaha …