30 Jan 1997
Estate of Watt v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1997] NZACC 8
- Court
- District Court
On the balance of probabilities the appellant suffered mesothelioma caused by inhalation of asbestos occurring in the course of employment (either at the freezing works or as a bulldozer driver); the presence of asbestos in the employment environment but not in non‑employment, and the materially greater risk for those performing the employment tasks, satisfy s7; therefore the injury falls within s8(2)(b) and is covered by the 1992 Act as of the date of first treatment in late August/early September 1992.