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October 21st, 2004
In a groundbreaking case, a West Australian court has granted compensation to an ex-asbestos worker for anguish and anxiety over whether he may have contracted mesothelioma. The ruling by the court means that the case of Mr Della Maddalena can now be assessed by the District Court in order to determine the compensation figure.
This unique case cam about after Mr Maddalena worked at Wittenoom asbestos mine in the Pilbara, from which Australian Blue Asbestos operated. The corporate owner of Australian Blue, CSR, is thinking of fighting the judgment. If the compensation is awarded, this will be an unprecedented case that could result in many other claims in the same vein.
Tim Hammond from law firm Slater & Gordon stated: "It was a unique circumstance. Mr Della Maddalena suffered incredibly heavy exposure to asbestos in the course of his employment. Not only did his brother die of mesothelioma, 39 of his countrymen have also passed away as a consequence of asbestos-related diseases."
CSR has already paid out millions of dollars in compensation claims over the past fifteen years, totally $345 million and covering nearly 130,000 asbestos damage claims.
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