9th Circuit Reverses Workers' Compensation Board's Allocation of Liability in Asbestos Case

PORTLAND, Ore. -- The U.S. Court of Appeals for the 9th Circuit has reversed a workers' compensation board's allocation of benefits, saying that the board had erroneously conducted a simultaneous analysis when determining liability in the multi-employer case. Albina Engine & Machine, et al. v. Director, Office of Workers' Compensation Programs, et al., No. 09-70592 (9th Cir.).

In the Dec. 10 opinion, the 9th Circuit said that the Board should have conducted a sequential analysis, assessing the claim as asserted against the last employer for which the decedent worked.

The underlying claims were filed by the widow of James …