Court Won't Allow Asbestos Settlements to Offset Disability Award

SAN FRANCISCO - Previous settlements a ship worker reached with several of his former employers over an alleged asbestos-related illness should not be credited against the amount owed him by the last employer found to be responsible for his condition, a federal appeals court has ruled. Alexander v. Director, Office of Workers' Compensation Programs, No. 00-70762 (9th Cir.).

Holding that denial of the credit is compelled by the Longshore and Harbor Workers' Compensation Act, the Ninth Circuit U.S. Court of Appeals on Dec. 19 reversed a previous decision by the state Benefits Review Board(BRB) that had allowed Domingo Alexander's last …