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Widow allowed to lodge claim, nineteen years after her husbands death

NINETEEN years after her husband died of mesothelioma, an Ipswich (Qld) 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 for twelve years between 1966 and 1978. 19 years

In December last year, Supreme Court Justice Debra Mullins upheld WorkCover Queensland’s argument that Ms Hall was barred from lodging a dependency claim because too much time had passed.

But Ms Hall appealed that decision, and the case went to court on May 28, 2014 – the 19th anniversary of Mr Hall’s death.

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".

“Our life was supposed to be starting, but it finished,” the 62-year-old said.

“He was a very good provider, a very good father and a very good husband.”

She said her teenage sweetheart and father of her three children had worked in automotive spare parts since he was 15.

“Being a junior he’d have to dust out the bins and in those days the brake pads and flange gaskets weren’t in sealed packages,” she said.

“Also the mechanics building was right next to the spare parts room through a doorway ... there was just no protection.”

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.

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