McFarlane v Boral Limited [2007] NSWDDT 9

McFarlane v Boral Limited [2007] NSWDDT 9

The Tribunal found that the plaintiff's pre-March 1986 bronchitis or asthma was caused by exposure to calcium oxide and calcium hydroxide dust during employment, that the condition was aggravated by the incident of 12 March 1986 and further permanently aggravated by subsequent work in the bulk loading section, and that the resulting asthma and materially related depression caused compensable loss. Judgment was entered for the plaintiff for $988,656.00 plus costs.

Jurisdiction
Australia
Judgment Date
29 June 2007
Procedural Posture
Dust Diseases Personal Injury Claim / Judgment
Outcome
Judgment for the plaintiff.
Legal Topics
['asthma' 'causation' 'occupational Asthma' 'reactive Airways Dysfunction Syndrome' 'workplace Dust Exposure' 'assessment of Damages']
['dust Diseases' 'personal Injury' 'negligence' 'damages'] ['asthma' 'causation' 'occupational Asthma' 'reactive Airways Dysfunction Syndrome' 'workplace Dust Exposure' 'assessment of Damages']

Case Brief

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Procedural Posture

Dust Diseases Personal Injury Claim / Judgment

Legal Issues

  1. 1 ["Whether the plaintiff's asthma or bronchitis was caused by exposure to calcium oxide and calcium hydroxide dust in the course of employment with Boral Limited." 'Whether any pre-existing pulmonary condition was aggravated by the incident of 12 March 1986 and by subsequent work conditions.' "Whether the plaintiff's asthma and depression caused incapacity for work and economic loss." 'What damages should be awarded.']

Ratio Decidendi

The Tribunal found that the plaintiff's pre-March 1986 bronchitis or asthma was caused by exposure to calcium oxide and calcium hydroxide dust during employment, that the condition was aggravated by the incident of 12 March 1986 and further permanently aggravated by subsequent work in the bulk loading section, and that the resulting asthma and materially related depression caused compensable loss. Judgment was entered for the plaintiff for $988,656.00 plus costs.

Court Disposition

Judgment for the plaintiff.

Orders

  • ['Judgment for the plaintiff in the sum of $988,656.00.' "Defendant to pay the plaintiff's costs."]