Adrianus Gregorius Marie Bakker v WorkCover Queensland and ors [2008] NSWDDT 37

Adrianus Gregorius Marie Bakker v WorkCover Queensland and ors [2008] NSWDDT 37

Although less than one half of the plaintiff's present breathlessness was caused by the compensable asbestos-related pleural disease, that disease was a material cause of his present breathlessness and warranted general damages, medical expenses and limited domestic services. Claims for personal care were rejected because the plaintiff's present and future care needs were caused by the subsequent strokes, not by the asbestos-related disease. Total damages of $174,339.20 were assessed, with judgment entered against WorkCover Queensland and costs ordered in favour of the plaintiff.

Jurisdiction
Australia
Judgment Date
05 December 2008
Procedural Posture
Dust Diseases Personal Injury Claim for Asbestos Related Pleural Disease / Assessment of Damages After Each Defendant Admitted Liability
Outcome
Judgment for the plaintiff against WorkCover Queensland in the sum of $174,339.20, with costs; parties to bring in short minutes for further judgments.
Legal Topics
['asbestos Related Pleural Disease' 'assessment of Damages' 'subsequent Injury' 'personal Care and Domestic Services' 'medical Expenses' 'apportionment']
['tort Law' 'personal Injury' 'dust Diseases Litigation'] ['asbestos Related Pleural Disease' 'assessment of Damages' 'subsequent Injury' 'personal Care and Domestic Services' 'medical Expenses' 'apportionment']

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Procedural Posture

Dust Diseases Personal Injury Claim for Asbestos Related Pleural Disease / Assessment of Damages After Each Defendant Admitted Liability

Legal Issues

  1. 1 ['Assessment of damages for asbestos-related pleural disease where the plaintiff later suffered two disabling strokes.' "Whether the plaintiff's current breathlessness and ventilatory impairment were materially caused by asbestos-related pleural disease or by non-compensable stroke, cardiac and surgical factors." "Whether past and future claims for personal care and assistance were recoverable where the plaintiff's present and future need for care was caused by stroke rather than asbestos-related disease." 'Whether domestic services, past medical expenses and future medical expenses were recoverable and in what amounts.' 'Whether separate judgment and apportionment issues arose because the damages were divisible.']

Ratio Decidendi

Although less than one half of the plaintiff's present breathlessness was caused by the compensable asbestos-related pleural disease, that disease was a material cause of his present breathlessness and warranted general damages, medical expenses and limited domestic services. Claims for personal care were rejected because the plaintiff's present and future care needs were caused by the subsequent strokes, not by the asbestos-related disease. Total damages of $174,339.20 were assessed, with judgment entered against WorkCover Queensland and costs ordered in favour of the plaintiff.

Court Disposition

Judgment for the plaintiff against WorkCover Queensland in the sum of $174,339.20, with costs; parties to bring in short minutes for further judgments.

Orders

  • ['Judgment for the plaintiff in the sum of $174,339.20 against WorkCover Queensland.' "WorkCover Queensland to pay the plaintiff's costs." 'Parties to bring in short minutes of orders for further judgments.']