June 10th, 2005

A New Zealand man diagnosed with the terminal cancer, mesothelioma, has had to fight a long and hard battle in order to get lump sum compensation from the Accident Compensation Corporation (ACC). The ACC has finally backed down and agreed to pay Mr. Soeters a lump sum compensation payment, but even now there is a chance that the money could be requested back by the ACC.

Mr. Soeters was involved in the battle for a lump sum payment because the ACC stated that he was exposed to asbestos before April 2002, which is when this form of payout was introduced. However, following a ruling by a District Judge on another case, the ACC has changed its mind on a number of cases including Mr. Soeters’. The 67-year-old will receive just over $100,000. He stated, "My childhood and youth were ruined by the Nazis. Now my retirement is taken by asbestos. The $100,000 is no good to me. It’s something which gives Lyn a bit more security."

The ACC has lodged a High Court appeal, and although the payouts have been approved, the ACC may claim the money back if the appeal succeeds. Mr. Soeters stated, “It’s a terminal industrial disease with a very short life expectancy. That condition is totally ignored by the powers that be ... In Australia it’s worth a minimum of $250,000. It’s farcical, callous, the cavalier way they treat us.”