Workers' compensation for nonmalignant asbestos-related lung disease

Workers' compensation claims filed for occupational illness are generally more complicated to resolve than are injury claims, and they may therefore face higher likelihood of rejection. This study analyzed outcomes and predictive factors for claims filed from one clinic in Washington State between 1982 and 1986 by 157 male patients for nonmalignant asbestos-related lung disease. Among 50 federal Longshore claims, 46 (92%) were unresolved or could not be located by claims administrators. In contrast, 118 (89%) of State Fund claims had been resolved, with 48% accepted without consistent relationship to disease severity. Claims filed under both jurisdictions showed a twofold greater risk of rejection by the State Fund (relative risk, RR = 2.0; 95% confidence interval, 95% CI = 1.3-3.2). State Fund claims filed for nonwhite patients were rejected more often than those of white patients, although the association was explained at least partially by jurisdictional overlap (adjusted RR = 1.5; 95% CI = 1.05-2.1). This study indicates a need to scrutinize the handling of occupational disease claims by the federal Longshore system and to consider the adverse influences of jurisdictional conflicts and possible race-associated factors on compensation of occupational illness.