News

Ipswich woman wins the right to claim asbestos compensation

NINETEEN years after her husband died of mesothelioma, Ipswich woman Karen Hall has won the right to claim asbestos compensation.

Aged just 44, Greg Hall died in May 1995, nine months after he was diagnosed with mesothelioma as a result of working with asbestos dust between 1966 and 1978.

The Court of Appeal ruled in Mrs Hall's favour after she was initially denied compensation for Mr Hall's death.

While a three-year limitation period for asbestos death was in place when Mr Hall died, it was abolished in 2010, and Mrs Hall lodged her case in 2011.

In December last year Supreme Court Justice Debra Mullins denied Mrs Hall's claim, agreeing with WorkCover Queensland's that too much time had passed since Mr Hall's death for a claim to be made.

WorkCover Queensland also claimed the relevant legislation covered "personal injury" which death could not be considered.

However Justice John Muir said this argument was of "dubious validity".

"The common law principle that the death of a person could not be complained of as an injury was overridden in the 19th century," he said.

Justice Muir said the legislation "does not plainly emerge from the speech that there was an intention to exclude dependency claims resulting from deaths arising from dust- related conditions".

He ruled Mrs Hall had a "right of action relating to personal injury resulting from a dust-related condition".

Mrs Hall said her husband had worked in an automotive spare parts business and was exposed to unsealed brake pads and flange gaskets.

She was so distressed at the time she said she didn't lodge a dependant's claim for compensation.

Justices Roslyn Atkinson and Margaret McMurdo agreed with Justice Muir's rulings.

They ordered the Supreme Court decision be overturned and WorkCover Queensland pay costs of the appeal and the initial trial.

WorkCover Queensland may appeal the case to the High Court.

Topics:  asbestos, court of appeal, greg hall, mesothelioma




Stay Connected

Update your news preferences and get the latest news delivered to your inbox.

Walker hails JT as the 'great competitor'

ULTIMATE COMPETITOR: Cowboys maestro Johnathan Thurston competes on every play in every game... every year.

The plaudits keep coming thick and fast for JT

Father believes bones discovery could be his son

Darrell Simon (File pic from 2005).

Father of missing man Darrell Simon speaks out after bones discovery

Traffic delays easing after ute fire on motorway

The driver managed to get the ute onto the shoulder of the highway just before exit 31.

Vehicle well alight just before exit 31

Latest deals and offers

Sale nears on last large block of land in Coolum

The 43.37ha property on South Coolum Rd has sold.

South Coolum Rd property to be land banked

Caloundra’s former Centrepoint Buffet site up for sale

FOR SALE: The home of the old Centrepoint Buffet

Restaurant fined for unhygienic practices closed months ago