The United States Court of Appeals, Fifth Circuit, ruled last week that
substantial evidence supported an administrative law judge's assessment that the claimant widow of an asbestos victim could not have known or should not have known under the circumstances that her husband's death was asbestos related, thereby granting benefits under the Longshore and Harbor Workers' Compensation Act.In Bath Iron Works Corp. v. Us Dep't Of Labor (07/17/03 - No. 02-2073), testimony at trial reflected that the widow/plaintiff first learned of a causal link between her husband's death, asbestos, and his empl...
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