Childress v. Fluor Daniel, Inc.

Defendants' argument for withdrawal of the Opinion and Award concerns the potential offset of any workers' compensation award with plaintiff's previous third party settlements.

Defendants are not entitled at this time to an offset for various reasons. Plaintiff settled a civil claim with Duke Power in the amount of $85,981.31 for his colon cancer and in the amount of $65,000.00 for his asbestosis. After deducting costs and attorneys' fees, plaintiff was left with $63,602.63 for colon cancer and $45,142.08 for asbestosis. He also settled third party claims with the product manufacturers.…