Case Name
Workers Compensation, Mesothelioma + Libby Asbestos
Hazel Atchley worked at the plywood plant in Libby from 1989 to March 1994, causing her to contract asbestos-related lung disease. The plant was owned and operated initially by Champion International Co., then was taken over by Stimson Lumber Company in November 1993. When Hazel Atchley filed for occupational disability, Liberty NW Insurance Corporation denied her claim, insisting instead that her respiratory problems were related either to COPD or emphysema caused by a long history of smoking. They also argued that even if Ms. Atchley had asbestos-related disease, her non-employment exposure was greater than her exposure during her employment, and that she is judicially estopped from claiming an OD. Petitioner alleges she is entitled to attorney fees and a penalty.
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