The U.S. and Japanese governments agreed to a settlement of about $330,000 with two former Japanese workers at Yokosuka Naval Base who contracted lung problems after repairing ships that contained asbestos, the workers’ representatives said.
A bereaved family of one worker received about 22 million yen (about $208,000); another laborer was awarded 13 million yen (about $123,000), according to the Kanagawa Occupational Safety and Health Center, which represented the two workers. According to the center, the deceased ex-employee, who died in 2003, worked at Yokosuka Naval Base from 1955-1970; the other was there from 1956-1970 and 1973-1995.
“Although it lasted six years, it is significant to win compensation for the victims and the bereaved family based on status of forces agreement rather than a trial,” Ryuta Saito, the center’s director, stated in a news release. “It is also significant that it was also paid by the U.S. forces.”
U.S. Forces Japan officials confirmed a settlement had been reached with the two former Yokosuka employees but deferred most inquiries to the Defense Facilities Administration Agency, which they said acted as lead negotiator.
“We’ve worked out an agreement through SOFA provisions to share the costs of paying out the claims,” said Air Force Col. Victor Warzinski, a USFJ spokesman, adding he was uncertain when the settlement would be distributed.
The two workers, and seven other workers, filed claims in 1999 based on the SOFA. Six dropped their claims; most were plaintiffs in other lawsuits that have been settled or are in that process. Compensation now is being paid in one, according to the center.
The compensation was split evenly between U.S. and Japanese governments, DFAA officials said. Based on an earlier suit, which said both governments are responsible for the damages, the two agreed to compensate the workers and determined the amount.
The agreement differed from the U.S. government’s initial position on the matter; settlement was reached only after the Yokohama District Court ruled in favor of the workers in 2002.
SOFA guidelines determine respective liability. They state, “Where Japan and the United States are responsible for the damage, the amount awarded or adjudged shall be distributed equally between them.”
“It’s not a matter of deciding to settle,” Warzinski said. “There was a judgment in the Japanese courts and it’s part of our standing procedures and provisions in the SOFA to pay out claims of this nature.”
Previous payouts to Japanese employees
Three years ago, the Yokohama District Court awarded 230 million yen, about $2.2 million, to a group of 12 former workers in the first ruling on an asbestos case involving a U.S. military base. However, the Japanese government appealed the decision to the Tokyo High Court, which overturned part of it. Saying the statute of limitations had expired for five plaintiffs, it reduced the amount by 80 million yen (about $755,000). Three plaintiffs appealed but were rejected by the Supreme Court.
A second group of workers settled with the Japanese government in September 2004 when officials agreed to pay 300 million yen (about $2.83 million) for 21 workers. The court also has recommended settlement for a third group of plaintiffs.
DFAA paid compensation to three former workers and their families in 1997. Officials said the Japanese government now is adjudicating a similar case.
— Hana Kusumoto
