Asbestos claims face difficulties

Press, 7 October 1988, Page 5

Asbestos claims face difficulties

By

RICHARD CRESSWELL,

industrial reporter

“Very real difficulties” faced potential claimants affected by asbestos while working at the Fletcher factory in Riccarton, said the southern branch secretary of the Labourers’ Union, Mr Barry Brown, yesterday.

Medical documents were now being processed by the associate professor of occupational health at the University of Otago Medical School, Dr Bill Glass, in conjunction with the Princess Margaret Hospital, Christchurch. Once those records had been assessed the number of workers affected by asbestos-related disease would be known, he said. Asbestosis is a lung condition from the inhalation of asbestos particles. About 70 workers had replied to the questionnaires sent out to 170 people. The union was canvassing legal options, Mr Brown said. “But there are some very real difficulties, such as the Statute of Limitations Act, which restricts

legal action to within six years of the first knowledge or advice of the disease." The Riccarton plant closed 15 years ago. Another hurdle could be the Law Commission’s recommendation on accident compensation’s extension to include disease, a move strongly resisted by some employers. Coverage under the Accident Compensation Act would limit compensation to $25,000, and prevent proceedings for damages through the courts. But workers wanted the right to take the case to court, he said. The union needed to approach the Minister of Justice, Mr Palmer, to make the case for the workers, he said. Recent cases and ac-

tions in Australia against asbestos companies were being researched by the union, he said.

Legislation had been passed there recently to allow workers to take legal action.

Three workers from the Wittenoom asbestos mine in Western Australia had won actions against the mine’s operator, Midalco, a subsidiary of C.S.R., Ltd.

Two had won sAust4s2,ooo each in Australian Supreme Court decisions, and the third, sAust764,ooo. In the United States there were claims totalling SUS6S billion against asbestos companies, he said.

“New Zealand has to come into line with those moves,” he said. The union was building

a profile on the facts and then another meeting would be called with the workers.

Another problem might be that some workers at the Riccarton factory had earlier worked for the Railways handling asbestos for lining carriages, Mr Brown said. Action on a case-by-case basis rather than a class action was preferred because each individual’s situation was different, he said.

Individual actions would be a long, slow process.

But if the case being brought by Mr Ron Edwards, of Christchurch, against Fletcher Challenge, was successful it could make it easier for others.