8 Jul 2019
CALVER v ACCIDENT COMPENSATION CORPORATION [2019] NZHC 1581
- Citation
- [2019] 3 NZLR 261
- Court
- High Court
Mesothelioma caused by asbestos inhalation is a "personal injury" under s 26(1) and is not excluded by s 26(2) where an identifiable external inhalation event or series culminating in a sufficient dose occurred; inhalation can constitute an "accident" under s 25(1)(b) where the specific occasion is taken to be the occasion (single or the cumulative occasion that completes the sufficient dose) that produced the disease, so the claimant was entitled to cover under s 20(2)(a).