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Issue No. 287 | 28 October 2005 |
A Sick Set of Laws
Interview: Under Fire Politics: And the Winners Are ... Industrial: Un-Australian Economics: The Common Wealth History: Walking for Justice International: Deja Vu Legal: The Rights Stuff Review: That Cinderella Fella Poetry: Is Howard Kidding?
Johnny Fails Comprehension Test Dole Bludgeoning - Andrews Comes Clean Asbestos Giants Claw Back Compo
The Soapbox Postcard The Locker Room Parliament
PM's Fatal Flush Sign of the Times Labor's Love Lost
Labor Council of NSW |
News Asbestos Giants Claw Back Compo
CSR and Midalco went to the High Court to get the compensation back from Beverley Thompson, after her husband died. The High Court overturned a Dust Diseases Tribunal ruling that had granted mesothelioma sufferer and former asbestos factory worker, John Thompson, the sum to care for his disabled wife. Beveley Thompson, 63, suffers from arthritis in the spine and is unable to do household tasks, such as vacuuming, cleaning and gardening, which her husband did until his condition took over. Mr Thompson worked at the factory, owned by CSR and supplied with asbestos by Midalco, between 1960 and 1963. He was diagnosed with mesothelioma in 2002 and died in November, 2003. Mrs Thompson said her husband had gone through "pure agony" and "lived with the fear for years", knowing his contact with asbestos would eventually strike him down. The Dust Diseases Tribunal of NSW ruling ordered CSR and Midalco to pay $465,899.49 in damages to Mr Thompson in April, 2003, including $165,480 in special damages to care for his wife. However, the High Court ruled there should be special damages to care for disabled family members. "Without that money it's going to be difficult to employ people to do that [do the chores she cannot do] for me," Mrs Thompson said. Alex Stuart, of Alex Stuart & Associates, which represented John Thompson's estate in the case, said it was a terrible decision for workers. "We're yet to see an increase in general damages, but it is unlikely that it will reach the position it was at," Stuart said. "He [Mr Thompson] wanted to die with peace of mind."
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