Lee Comb died of asbestos-related lung cancer in August 2023, after years of occupational exposure to asbestos and asbestos-containing products. Following his death, his survivors filed a lawsuit naming multiple defendants, whom they accused of failing to provide him with a safe place to work. In response, one defendant filed a motion to dismiss, arguing that they were immune from litigation, but on hearing that the victim’s family wanted to clarify their claim to show why the defendant was not immune, the court granted them time to do so.
Employer Cites Immunity in Oil Rig Asbestos Lung Cancer Claim
In response to being named as a defendant in the claim filed by lung cancer victim Lee Comb’s family, Anadarko US Offshore, LLC filed a motion to dismiss, arguing that, as the late man’s former employer, the company is statutorily immune from the suit based on the Longshore and Harbor Workers’ Compensation Act (LHWCA).
When the court initially agreed with the employer’s assessment, the plaintiffs requested that the court provide them time to amend their lung cancer claim, indicating a need to clarify the timeline to prove that their claim may fall outside the scope of the LHWCA and the limitations typical of workers compensation.
Judge Agrees that Asbestos Lung Cancer Claim May Fall Into Liability “Twilight Zone”
Specifically, they note that Mr. Comb was exposed to asbestos while working for Anadarko both onshore and offshore from 1970 to 1980, and that though the LHWCA is the exclusive remedy for an injured employee for an injury occurring on a fixed platform, the inclusion of land-based claims in the statute was only introduced in 1972. The survivors plan to assert that his exposure to asbestos dated back to before that time, during what is considered a “twilight zone” that is to be analyzed on a case-by-case basis.
Though the asbestos company argued that the lung cancer victim’s survivors’ attempt would be “futile,” the judge hearing the case for the United States District Court of the Eastern District of Louisiana disagreed, ruling that the factual circumstances that the survivors want to clarify may fall outside the scope of the LHWCA and therefore not barred by its exclusivity provision. The court granted the plaintiffs the time they requested to amend their complaint.
If you or someone you love has been diagnosed with malignant mesothelioma or another asbestos-related disease, you need knowledgeable professionals on your side. For information on how the Patient Advocates at Mesothelioma.net can help, contact us today at 1-800-692-8608.
