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Entries for March 2003

Congoleum Corporation Seeks to Resolve Asbestos Liability

Congoleum Corp. (CGM) plans to seek bondholder approval to help resolve its asbestos liabilities. Congoleum Corp. (CGM) traces its history in the flooring business to Nairn Linoleum Co., which began operations in 1886. The company produces both sheet and tile floor covering products, with a wide variety of product features, designs and colors. Sheet flooring, in its predominant construction, is produced by applying a vinyl gel to a flexible felt, printing a design on the gel, applying a wearlayer, heating the gel layer sufficiently to cause it to expand into a cushioned foam, and, in some products, adding a high-gloss coating.

Workers’ Compensation News - March 30, 2003 Volume 1 Issue 4
 ** NJ Unpublished decisions HUDAK v. SCHULLER INTERNATIONAL, INC., Appellate Division, A-2661-01T3, March 25, 2003, not approved for publicati...
Asbestos Claimants Reach $200 Million Settlement With Corning
Corning Incorporated (NYSE:GLW) today announced that it has reached agreement with the representatives of asbestos claimants for the settlement of all...
Workers' Compensation News - March 25, 2003 Volume 1 Issue 3

Taxability of Social Security / Workers' Compensation Reduction:--Social Security disability may be reduced for workers' compensation and other public disability benefits. Oddly, the amounts deducted are included as benefits received for purposes of income tax. In effect, state workers' 
compensation is rendered taxable in an amount equal to the Social Security reduction, but only to the extent that Social Security is taxable for the year. [I.R. Code §86(d)(3)]

Workers’ Compensation News - March 22, 2003 Volume 1 Issue 2

An action for retaliatory discharge is allowed when an employee has been discharged for filing a workers’ compensation claim: Nebraska Supreme Court has recognized a public policy exception to the at-will employment doctrine to allow an action for retaliatory discharge when 
an employee has been terminated for filing a workers’ compensation claim. 

 Workers can inadvertently carry hazardous materials home from work on their clothes, skin, hair, tools, and in their vehicles. As a result, families of these workers have been exposed to hazardous substances and have developed various health effects. Health effects have also occurred when the home and the workplace are not distinct -- such as on farms or in homes that involve cottage industries.

US Supreme Court Holds Workers' Fear of Cancer Compensable

The court rejected Norfolk’s proposed instructions, which would have (1) ruled out damages for fear of cancer unless the claimant proved both an actual likelihood of developing cancer and physical manifestations of the alleged fear, and (2) required the jury to apportion damages between Norfolk and other employers alleged to have contributed to an asbestosis claimant’s disease.

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