Fifth Circuit Affirms Lower Court's Ruling Favoring Asbestos Victim - January 18, 2016

The Fifth Circuit Court of Appeals affirmed an earlier ruling from an Administrative Law Judge to award payment for medical expenses for a Louisiana man diagnosed with asbestosis.

Ferdinand Fabre worked for Ramsay Scarlett for 22 years changing the brakes and clutches on machinery and claimed he was exposed to asbestos during this time. Asbestos was commonly used in manufacturing brakes and clutches; the Court determined that there was substantial evidence that Fabre was exposed to it while working for Scarlett.

The Court held up the ALJ's decision after Scarlett failed to provide evidence indicating that Fabre was not exposed to asbestos. Fabre was awarded compensation for medical expenses related to asbestos exposure.

The National Trial Lawyers