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Milestone Asbestos Payout Ordered

#21 Guest_IDB_*

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Posted 14 October 2004 - 04:30 AM

Payout for asbestos worker's fear of dying
October 14, 2004


A former asbestos worker has won his battle for compensation - not because he has asbestosis or mesothelioma, but because he has a fear of dying from the diseases.

Arturo Della Maddalena has a psychiatric condition related to his fear of dying from a disease related to his work. He has neither asbestosis nor mesothelioma.

But yesterday, Western Australia's highest court found that his psychiatric injuries were caused by his severe exposure to the insidious blue fibre during a five-year stint at the Wittenoom mine.

CSR and its subsidiary Midalco, formerly known as Australian Blue Asbestos, were responsible, the full court found.

Mr Della Maddalena, 61, worked as part of a crew of 42 immigrants at Australian Blue Asbestos's mine site in 1961. Only three of those men are alive today.

It is that morbid equation that has caused Mr Della Maddalena the anxiety and depression that has rendered him unfit for work for the past nine years.

Mr Della Maddalena and 14 of the dead were from the Italian village of Montagna. His mental problem has caused symptoms similar to those he would have suffered if he had mesothelioma or asbestosis, including shortness of breath and disturbed sleep.

Yesterday, Mr Della Maddalena sat in the office of Asbestos Diseases Foundation of Australia president Robert Vojakovic with his head in his hand.

In his soft Italian accent, he said he was pleased that justices Anthony Templeman, Christopher Steytler and Christine Wheeler had overturned the District Court judgment of Judge Michael O'Sullivan. He also praised his lawyer Tim Hammond. He could not muster enough strength to say more.

But Mr Vojakovic hailed the decision as a big win, claiming he had another 10 claimants ready to take similar court action.

The judgment reveals that Mr Della Maddalena, known as Arthur, worked for Australian Blue Asbestos from 1961 until the mine closed in 1966.

He had been introduced to the company by his brother Walter, who arrived in Australia in the 1950s and died of mesothelioma in 1988.

Mr Della Maddalena told the court his brother's long and painful death had been terrifying.

"[I was] always thinking about the way I'm going to end up, like my friends, also in hospital, dying of mesothelioma," he said.

"It's the worst thing you can see a person die, not even a dog you would see dying like that. It's very, very painful."

The judgment also revealed Mr Della Maddalena twice won a Wittenoom shovelling competition by being the first man to fill a 44-gallon drum with raw asbestos tailings.

In handing down the ruling, Justice Templeman said Judge O'Sullivan was wrong to have found Mr Della Maddalena was not a credible witness.

That ruling was based, in part, on video footage of Mr Della Maddalena doing minor chores while he was off work.

The case will be referred back to Judge O'Sullivan to decide the size of the payout. Mr Hammond said he would claim 13 years of wages lost. He would also claim damages for pain and suffering.

The West Australian
http://www.smh.com.a...7607303750.html
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#22 Guest_IDB_*

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Posted 15 October 2004 - 03:40 AM

how much does acc spend challenging legitimate claims?

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#23 Guest_IDB_*

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Posted 27 December 2004 - 08:08 PM

Last Update: Monday, December 27, 2004. 3:00pm (AEDT)
Asbestosis sufferer told he's too healthy to sue

A Darwin businessman who suffers from asbestosis has been told that unless he can no longer breathe unaided, he is wasting his time trying to sue for compensation.

Harry Maschke, 69, was diagnosed three years ago and believes he contracted the illness while working on government buildings in the 1960s and 70s.

He wants to launch legal action against the Northern Territory Government but says he has consulted his union lawyers, who have told him he is too fit.

"At the moment it's still dormant," he said.

"I would keep the medical people most probably happy and the legal system happy if I keep on following up but I would have no results."

http://www.abc.net.a...12/s1272749.htm
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Posted 27 December 2004 - 08:10 PM

Legal costs new front in Hardie fight
By Elisabeth Sexton
December 27, 2004


While victims of asbestos diseases gained some seasonal cheer from last week's landmark settlement with James Hardie Industries, lawyers who work in asbestos compensation will be adjusting their new year budgets in anticipation of a drop in income.

The only remaining significant step before James Hardie shareholders vote on a legally binding commitment is a review of legal costs being undertaken by the State Government.

Lawyers for defendants and plaintiffs have signalled they will make submissions to the review, giving details of how their opponents waste money.

The two senior officials conducting the review, expected to report in late February, have also indicated there is plenty of fat in the system.

Last week's deal included a commitment from the Government to implement the results of the review and to encourage other state governments to follow suit.

The issue has been championed by James Hardie as a means of increasing the affordability of its commitment to compensate people who fall ill from its products for decades to come, regardless of its strict legal liability.

Other frequent defendants in asbestos compensation cases intending to make submissions to the review include insurance companies, which run many of the cases on behalf of their clients. "We think there's a real potential for reducing costs and making the process more efficient," said Heather Reid, public affairs manager for the Insurance Council of Australia.

A spokesman for a lobby group representing plaintiff lawyers, John Gordon, a Melbourne barrister, said last week that defendants could contribute sizeable savings. "The onus is squarely on defendants like James Hardie to say 'We will endeavour to settle cases at the first conference'," said Mr Gordon, of the Australian Lawyers Alliance.

Costs rose greatly because of issues such as "the absurdity of having to wait for a plaintiff to give evidence when they have already given information, often on oath, to the defendants," he said. "Costs can be reduced with earlier meaningful attempts by defendants to address the real issues in the case and not getting hung up on minutiae of detail and proof."

Agreeing to use a single medical expert could also produce savings, Mr Gordon said.

The head of the NSW Attorney-General's Department, Laurie Glanfield, and the Deputy Director-General of the Cabinet Office, Leigh Sanderson, have also identified overuse of expert witnesses as a potential area for savings. In an issues paper published on November 29, the two officials said it was common in NSW for both sides to use their own expert witnesses, and in most cases each engaged more than one.

Asked last week whether the company would proceed if it was unhappy with the outcome of the review, James Hardie's chairman, Meredith Hellicar, was guarded. "The NSW Government review goes to the question of affordability; we need to look at the question of whether the company can afford to make the payments, whether we will get the support of our shareholders and lenders."

James Hardie's interim chief financial officer, Russell Chenu, said the company's financial models showing it could afford the compensation payments assumed costs would be cut from a current 36 per cent of the sum claimants received to 20 per cent.

http://www.smh.com.au/news/Business/Legal-...3996437825.html
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Posted 27 December 2004 - 08:14 PM

Hardie attempts to raise US prices
By Scott Rochfort
December 27, 2004
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James Hardie Industries will attempt to push through a hefty January price rise for its building products in the US, in a bid to boost profits and offset its asbestos liability costs.

After reaching an in-principle agreement last week to pay $1.5 billion in compensation to asbestos victims over the next 70 years, James Hardie will now move to raise the prices of its US fibre cement products by up to 10 per cent.

Shares in the fibre cement maker ended last week 52c or 8.7 per cent higher at $6.65, as investors expressed relief that Hardie had agreed to divert 35 per cent of its cash flows to victims, while still protecting the bulk of its expansion plans in the US.

Hardie will still have enough capital to build one plant a year to continue its push into the US.

After reporting a 24 per cent slump in second-quarter net profits to $US24.8 million ($32.4 million) last month, Hardie told analysts at a briefing in Orlando, Florida this month that it would push for an average 6 per cent price increase for its products next month.
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This comes on top of the company's strategy to draw customers to more expensive products, one being its pre-painted fibre cement siding ColorPlus, which was introduced in early 2002.

Hardie has already managed to boost the average selling price of its products by 24 per cent since 1999.

As a result of the incoming price increases, Goldman Sachs JBWere analyst Matthew McNee has 2005-06 and 2006-07 profit forecasts up by 25.8 per cent to $215.5 million and 23.5 per cent to $250.5 million respectively.

Mr McNee also increased his valuation on the stock from $7.51 to $8.41 a share.

"Although some uncertainty surrounds the degree to which these increases will stick, we have assumed average selling price increases of 5 per cent in full-year 2005-06," he said.

Hardie meanwhile has attempted to put its recent poor second-quarter profit slump behind it, which it blamed on higher raw material and freight costs associated with operational problems at three of its US plants. At the Orlando briefing, Hardie reiterated its plans to increase its share of the US exterior siding market from 12 to 35 per cent.

http://www.smh.com.au/news/Business/Hardie...3996437666.html
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#26 User is offline   flowers 

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Posted 16 August 2005 - 06:51 PM

Family still in the dark as ACC meets


ACC meeting to discuss developments over compensation for Dawn Lehman; family says it still doesn't know what's going on



16 August 2005

The Accident Compensation Corporation will hold a meeting to discuss its ongoing dispute with a woman whose husband died of asbestos poisoning.

Ross Lehman passed away in 2003. ACC was ordered to pay his widow, Dawn, $100,000, a decision which was later overturned by the High Court. The corporation has now scheduled a board meeting for next month to discuss the matter.

Mr Lehman's son, John, says the family still has no clear idea of what is really going on. He says the matter should not have been left until two days before the election to be dealt with.


© 2005 NZCity, NewsTalkZB
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#27 User is offline   Unicorn 

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Posted 17 August 2005 - 12:45 PM

HELP PLEASE
FRIENDS OF OUR JUST PUT IN A NEW KITCHEN LINO
WAS TOLD THE OLD LINO WILL NOT BE PULLED UP BECAUSE OF ASBESTOES
UNDER IT NEW LINO PUT ON TOP

WHAT SHOULD THEY DO NOW SMALL CHILD LIVE IN THE HOUSE BEEN THEY SOME 6-7 YEARS NOW
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#28 User is offline   doppelganger 

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Posted 17 August 2005 - 05:42 PM

Probably not to worry.

Do Not disturb the asbestos and it will remain there for millions of years doing mothing more that giving a bit of insulation.

Asbestos only becomes dangerous when it is disturbed and alowed to float in the air.

If you want it removed then contact one of the outfits that remove it.
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#29 User is offline   Tomcat 

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Posted 26 September 2005 - 01:18 PM

Kiwi's asbestos payout 'paves the way'

26.09.05

SYDNEY - An asbestos compensation award of A$320,000 ($356,000) to a New Zealander has paved the way for victims around the world, a Sydney lawyer says.

Tanya Segelov, a partner in Turner Freeman, the dust disease law firm that ran the case, said the 60-year-old man, who had asked to remain anonymous, worked with James Hardie products as an insulation contractor in New Zealand between 1963 and 1966.

He was diagnosed with asbestosis in 2000.

The Dust Diseases Tribunal in New South Wales ruled last month that Amaca, a subsidiary of James Hardie, the Australian building products giant, must pay the man $320,000 in compensation.

Ms Segelov said that under New Zealand's ACC scheme, people with asbestos-related diseases could receive payouts only if they were in contact with asbestos in Australia.

"There are a lot of people in New Zealand who have been exposed to asbestos who have been trying to find a way to sue," she said.

"Many of them now live in Australia who, when working in New Zealand, were exposed to it there."

Under New Zealand law, pensioners, including her client, would have been paid only A$40 a week from the Accident Compensation Corporation, she said.

"But we argued that Australian law should be applied because we were suing for the manufacture of the product and that product was manufactured here in Australia."

Ms Segelov said that while the ruling was not necessarily a carte blanche for anyone to lodge a lawsuit over asbestos poisoning in Australia, it gave a reason for others around the world to make claims.

"We have always thought you can't have a fund that just cuts people outside of Australia off, because Australians have worked elsewhere," Ms Segelov said.

"A lot of Australians were sent overseas, they did contracts in New Zealand, Papua New Guinea and other places where [James] Hardie sold its products.

"This ruling is the shot those people have been waiting for and whether they get through it or not, at least it has opened the door to justice."

http://www.nzherald.co.nz/section/story.cf...jectID=10347306
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#30 User is offline   greg 

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Posted 26 September 2005 - 02:38 PM

Is this the product called "Insil Fluff" which was sprayed into
cieling in the early 70/80's. Made from recycled paper with
a fire retartant added to it. As an Electrician, heaps of this
stuff in ceiling in witch I had to work installing power points
and other electrical equipment. Just push aside to find kneeling
timbers in ceiling cavity. no protection supplied or worn.
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#31 User is offline   doppelganger 

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Posted 26 September 2005 - 06:28 PM

Greg don't think that insl-fluff had asbestos in it as the fire retardent was in liquid form.
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#32 User is offline   hukildaspida 

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  Posted 22 November 2007 - 04:10 PM

View PostTomcat, on Sep 26 2005, 02:18 PM, said:

Kiwi's asbestos payout 'paves the way'

26.09.05

SYDNEY - An asbestos compensation award of A$320,000 ($356,000) to a New Zealander has paved the way for victims around the world, a Sydney lawyer says.

Tanya Segelov, a partner in Turner Freeman, the dust disease law firm that ran the case, said the 60-year-old man, who had asked to remain anonymous, worked with James Hardie products as an insulation contractor in New Zealand between 1963 and 1966.

He was diagnosed with asbestosis in 2000.

The Dust Diseases Tribunal in New South Wales ruled last month that Amaca, a subsidiary of James Hardie, the Australian building products giant, must pay the man $320,000 in compensation.

Ms Segelov said that under New Zealand's ACC scheme, people with asbestos-related diseases could receive payouts only if they were in contact with asbestos in Australia.

"There are a lot of people in New Zealand who have been exposed to asbestos who have been trying to find a way to sue," she said.

"Many of them now live in Australia who, when working in New Zealand, were exposed to it there."

Under New Zealand law, pensioners, including her client, would have been paid only A$40 a week from the Accident Compensation Corporation, she said.

"But we argued that Australian law should be applied because we were suing for the manufacture of the product and that product was manufactured here in Australia."

Ms Segelov said that while the ruling was not necessarily a carte blanche for anyone to lodge a lawsuit over asbestos poisoning in Australia, it gave a reason for others around the world to make claims.

"We have always thought you can't have a fund that just cuts people outside of Australia off, because Australians have worked elsewhere," Ms Segelov said.

"A lot of Australians were sent overseas, they did contracts in New Zealand, Papua New Guinea and other places where [James] Hardie sold its products.

"This ruling is the shot those people have been waiting for and whether they get through it or not, at least it has opened the door to justice."

http://www.nzherald.co.nz/section/story.cf...jectID=10347306




Asbestos sufferer BERNIE BANTON still hasn't been paid out for his long suffering caused by exposure to asbestos. He was awarded $800 thousand and the miserable sods at JAMES HARDIE are an absolute disgrace.BERNIE BANTON is in his final days of life and if he passes on before JAMES HARDIE have paid him what was LAWFULLY ENTITLED to him his family will get NOTHING.
I suggest we all boycott ALL JAMES HARDIE products and treat the company the way it deserves to be for causing this man and his family so much DISTRESS.
SSADLY it all has a very familiar ring to it as to how ACC have treated so many over the years that have come,suffered and have now little remaining in the qulity of their lives or have passed on.
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#33 User is offline   Stumpy 

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Posted 22 November 2007 - 09:55 PM

View Posthukildaspida, on Nov 22 2007, 05:10 PM, said:

Asbestos sufferer BERNIE BANTON still hasn't been paid out for his long suffering caused by exposure to asbestos. He was awarded $800 thousand and the miserable sods at JAMES HARDIE are an absolute disgrace.BERNIE BANTON is in his final days of life and if he passes on before JAMES HARDIE have paid him what was LAWFULLY ENTITLED to him his family will get NOTHING.
I suggest we all boycott ALL JAMES HARDIE products and treat the company the way it deserves to be for causing this man and his family so much DISTRESS.
SSADLY it all has a very familiar ring to it as to how ACC have treated so many over the years that have come,suffered and have now little remaining in the qulity of their lives or have passed on.


Bernie has now been awarded an Ündisclosed amount. Halaluea. Spelling a bit off. but you get the message. So glad for him and everyone who might benefit from his hard work.

Stumpy B)
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#34 User is offline   hukildaspida 

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Posted 27 November 2007 - 02:15 PM

Bernie Banton passed away this morning in his sleep surrounded by his loving family. May we all take a moment and remember and reflect on all the hard work he and others who have been sadly affected by asbestos and other similar types of industrial products .

REST IN PEACE BERNIE AND ALL THE OTHERS WHO HAVE GONE BEFORE and TO THOSE STILL SUFFERING HAVE STRENGTH AND WE APPRECIATE ALL THE TIME YOU HAVE GIVEN TO REVEALLING WHAT YOU KNOW, WITHOUT YOU THERE WOULD BE NO CHANGE TO THESE INDUSTRIES. X

Those who missed it there was a tribute to BERNIE BANTON on the TODAY SHOW on Prime TV THIS MORNING channel 9 Australia and no doubt more to come.
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#35 User is offline   Stumpy 

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Posted 27 November 2007 - 05:47 PM

View Posthukildaspida, on Nov 27 2007, 03:15 PM, said:

Bernie Banton passed away this morning in his sleep surrounded by his loving family. May we all take a moment and remember and reflect on all the hard work he and others who have been sadly affected by asbestos and other similar types of industrial products .

REST IN PEACE BERNIE AND ALL THE OTHERS WHO HAVE GONE BEFORE and TO THOSE STILL SUFFERING HAVE STRENGTH AND WE APPRECIATE ALL THE TIME YOU HAVE GIVEN TO REVEALLING WHAT YOU KNOW, WITHOUT YOU THERE WOULD BE NO CHANGE TO THESE INDUSTRIES. X

Those who missed it there was a tribute to BERNIE BANTON on the TODAY SHOW on Prime TV THIS MORNING channel 9 Australia and no doubt more to come.


Bernie is to be given a State Funeral. A small tribute to one who did so much for others. Great to see the little guy win over the BIG Conglomerate. RIP Bernie.

Stumpy B)
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#36 User is offline   hukildaspida 

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Posted 30 June 2014 - 12:29 PM

Asbestos Use in New Zealand

http://www.fibres.co...s-us-in-nz.html

View PostIDB, on 23 September 2004 - 02:25 PM, said:

Asbestos Warning For Renovators
23/09/2004 08:12 AM
NewstalkZB

There is a fresh reminder for home renovators to beware of hidden asbestos.

New Zealand Building Industry Federation says any house constructed before 1983 could have affected tiles, fittings or walls.

President John Pfahlert is urging renovators to go straight to the experts if they have any suspicions their property may be affected.

He says all building materials currently used in New Zealand are asbestos free.

The warning comes amidst fresh legal action against Australian building supplier James Hardie.

Australia's Securities and Investments Commission has begun investigating possible breaches of the law by the company, a day after a six-month inquiry into its handling of asbestos compensation released its report.

The report alleges that James Hardie CEO Peter Macdonald broke the corporations law by 'engaging in misleading and deceptive conduct'.

A test case is currently before the New South Wales Court of Appeal to see whether New Zealanders can sue Australian building manufacturer James Hardie for products they sold containing asbestos.

Meanwhile lawyer Hazel Armstrong is calling on the ACC to drop its appeal to the High Court over a lump sum payment to an asbestos victim.

In August the district court awarded the widow of Ross Lehmann a lump sum payment of $98,500.

The ACC has appealed, saying its guideline recommend a payment of only $4000.

Ms Armstrong says she is surprised the Government has not intervened. She believes both James Hardie and the New Zealand government are liable so both should pay.

She says in Australia victims have received up to $298,000 in compensation.

If both cases are successful hundreds of New Zealanders could sue James Hardie in the Australian courts and receive large ACC lumps sum payments in New Zealand.

http://xtramsn.co.nz...3712980,00.html

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