This blog presents Metropolitan Engineering Consulting & Forensics (MEC&F) claim management and claim investigation analyses of some of the typical claims we handle
Photo:Former Rio Tinto worker Zorko Zabic with wife Nannay.(Supplied)
By
James Oaten
and
Elizabeth Byrne
Updated
The High Court has thrown out an appeal by mining
giant Rio Tinto against an asbestos compensation claim, setting a
precedent for the Northern Territory.
Zorko Zabic, 74, worked at
the Gove alumina refinery in the 1970s cleaning asbestos from pipes, and
was diagnosed with mesothelioma after suffering chest pains early last
year.
In January, the Supreme Court had ruled Mr Zabic developed
the malignant mesothelioma as a result of exposure to asbestos dust and
negligence by the mine operators, Alcan Gove, which has since been
bought by mining giant Rio Tinto.
But the court ruled against the
claim because the symptoms emerged after the Workers Rehabilitation and
Compensation Act, which prevents such compensation claims being made in
the courts after 1987.
This was overturned by the NT Court of Appeal in March.
Our deepest sympathies remain with Mr Zabic and his family...
we accept the decision of the High Court, and whilst disappointed with
the outcome, are grateful that the matter has now been resolved for all
involved.
Rio Tinto, from a statement issued after the High Court appeal rejection
"The appellant sustained an injury of the kind defined
in the act during and following his inhalation of asbestos fibres," the
Court of Appeal ruling said. "That damage inevitably and inexorably led to the onset of malignant mesothelioma."
In rejecting Rio Tinto's latest challenge, the High Court has upheld the Court of Appeal decision.
High Court sets precedent
The
arguments submitted to the High Court centred on whether the injuries
suffered by Mr Zabic occurred before 1987, when the Workers
Rehabilitation and Compensation Act started.
Rio Tinto argued the
claim for damage should be covered by the statutory workers'
compensation scheme, rather than through common law. In submissions, Rio Tinto argued that mesothelioma was not contracted the moment the fibres entered the lungs.
"The decision of the NT Court of Appeal was made in error," Rio Tinto's submission said.
"As at 1 January 1987 [Mr Zabic] had suffered some cellular changes - but these were dormant and were likely to remain dormant." "All that had accrued as at 1 January 1987 was a risk that Mr Zabic would contract mesothelioma."
Mesothelioma symptoms often emerge many years after asbestos fibres enter the lungs.
Irrespective of the High Court result, Rio Tinto was required to pay Mr Zabic $425,000 in compensation.
'Disappointed with the outcome': Rio Tinto
In
a statement issued shortly after the court's decision, Rio Tinto said
"our deepest sympathies remain with Mr Zabic and his family".
"We
accept the decision of the High Court, and whilst disappointed with the
outcome, are grateful that the matter has now been resolved for all
involved. We will wait to review the detailed judgement of the High
Court to understand the reasoning behind the decision," the statement
reads. "Our deepest sympathies remain with Mr Zabic and his family.
Photo:
Zorko Zabic, pictured working at the Gove alumina refinery, is now battling mesothelioma. (Supplied)
"This case was not about trying to deny Mr
Zabic's ability to access compensation, as he has always been able to
seek compensation through the Northern Territory workers compensation
scheme.
"The reason we pursued this matter was simply to confirm
what has been widely understood to be the correct application of the
relevant Northern Territory legislation, that claims such as Mr Zabic's
should be made under the statutory workers compensation scheme rather
than the common law."
A 'victory for humanity'
Roger Singh from Shine Lawyers, who represented Mr Zabic, said the court decision would have widespread implications in the NT.
"Today's decision is a win for workers, a win for their families and a win for humanity," Mr Singh said.
"This
decision will pave the way for the many asbestos victims in the
Northern Territory who have previously been denied justice to come
forward and seek redress for themselves and their families," he said.
He
said workers in the NT injured prior to January 1987 would now be
allowed to use common law to get fair and reasonable entitlements and
compensation, without having to rely only on the existing workers'
compensation scheme.
Date citations issued: The U.S. Department of
Labor's Occupational Safety and Health Administration issued citations
to the employer on 8-11-15. The inspection was initiated in April 22,
2015, as part of the agency's Regional Emphasis Program on Safety in the Auto Industry*.
Inspection findings: OSHA issued the employer one repeated and one serious safety citation. The repeated citation was issued for failing to develop procedures to prevent machinery from starting up
during maintenance and servicing. The serious violation also involves
not following procedures to prevent machinery from starting up during
maintenance and servicing. This employer was previously cited for
similar violations in December 2014.
Quote: "Management is well aware of the dangers
these hazards pose, yet they have done nothing to remove them from the
workplace. OSHA will continue to enforce its standards and use all
available resources to protect workers," said Joseph Roesler, OSHA's
director of the Mobile Area Office.
Inzi Controls manufactures injection and blow molded automotive parts
for companies such as Hyundai. The company has 15 business days from
receipt of its citations and proposed penalties to comply, request a
conference with OSHA's area director or contest the findings before the
independent Occupational Safety and Health Review Commission.
To ask questions; obtain compliance assistance; file a complaint or
report amputations, losses of an eye, workplace hospitalizations,
fatalities or situations posing imminent danger to workers, the public
should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the
agency's Mobile Area Office at 251-441-6131.
A Rescue Team with the Bodies of the Victims that were involved in the Helicopter crash
Ben Ezeamalu
Six people were rescued from the debris of Wednesday’s helicopter
crash in Lagos, the Lagos State Fire and Safety Services has said.
Rasak Fadipe, the head of the agency told PREMIUM TIMES that four
dead bodies have so far been recovered from the scene of the accident.
“So far, we’ve learnt that 12 people were aboard the helicopter.
Rescue operations are still ongoing,” Mr. Fadipe said over the phone.
But an eye witness said that all the 12 people – two pilots and 10
passengers – aboard the helicopter died in the crash. That could not be
independently confirmed at press time.
It is unclear whether those the fire service claimed to have rescued died on the way to hospital.
The helicopter, belonging to Bristow Helicopters and with
registration number 5NBGD, was coming from Escravos in Delta State and
exploded before crashing, PREMIUM TIMES learnt.
It crashed behind the King’s palace at Oworonsoki, Lagos, emergency rescue officials told PREMIUM TIMES.
A helicopter belonging to Bristow has crashed into a lagoon in
Oworonshoki area of Lagos around 3.40 p.m. on Wednesday, August 12,
2015. National Emergency Management Agency (NEMA) Spokesman (South
West), Ibrahim Farinloye, who confirmed the incident said emergency
responders who rushed to the scene of the accident recovered three
bodies while three injured persons hadbeen saved. Some people were still missing.
A small plane crashed near Weirsdale in Marion County Wednesday.
AUGUST 12, 2015
MARION COUNTY, FLORIDA
Two people died in a small plane crash in Marion County on Wednesday morning, according to sheriff's officials.
Officials said the single-engine plane crashed near Weirsdale around 9:30 a.m.
Rich and Merry K. Womack died in the crash, according to sheriff's officials.
Investigators spent the day going through the wreckage of the plane that went down near the Love's Landing Aviation Community.
Residents in the community told Channel 9's Tim Barber that they believe the plane had just taken off from the grass runway just before crashing into nearby woods.
Hunter Rice lives near the crash site and said he raced to the site when he heard the crash.
"I ran outside and grabbed a fire extinguisher and started helping out as much as I could," he said.
He said there wasn't much he could do.
"I tried helping as much as I can until the fire department came over with better equipment to put out the fire," Rice said.
Neighbors of the Womack's told Barber the couple lived in Love's Landing. They said they believe the couple was on their way to pick up a grandchild.
Investigators from the National Transportation Safety Board and the Federal Aviation Administration will investigate the crash, according to sheriff's officials. Source:http://www.wftv.com
