S.Amdt. 2858

SA 2858. Mr. DURBIN submitted an amendment intended to be proposed to amendment SA 2746 proposed by Mr. Frist (for Mr. Specter (for himself and Mr. Leahy)) to the bill S. 852, to create a fair and efficient system to resolve claims of victims for bodily injury caused by asbestos exposure, and for other purposes; which was ordered to lie on the table; as follows:

On page 14, strike line 19 and all that follows through page 15, line 2, and insert the following:

(6) Collateral source compensation.--

(A) In general.--The term “collateral source compensation” means the net compensation that the claimant received, or is entitled to receive, from a defendant or an insurer of that defendant, or compensation trust as a result of a final judgment or settlement for an asbestos-related injury that is the subject of a claim filed under section 113.

(B) Net compensation.--Amounts paid or incurred by the claimant for legal or related expenses in connection with the asbestos-related injury shall be excluded in computing the reduction under this paragraph. Such legal or related expenses may be evidenced by an award, written agreement, or court order in a State or Federal proceeding or by such other evidence as the Administrator may require.