Shoup v. Johns-Manville Sales Corp.

The Silicosis and Dust Disease Fund, intervening plaintiff, appeals as of right from an order granting disbursement of funds to plaintiff.

Plaintiffs decedent suffered from asbestosis allegedly caused by his work as an insulation applicator and received workers’ compensation benefits. Plaintiff brought a third-party tort action against defendants, seeking damages for causing the decedent’s asbestosis. Plaintiff settled against all defendants. The certificate of distribution of the settlement was expressly made "subject to resolution by final unappealed order determining extent of lien claim,…