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The CAC is considering a High Court decision that extends coverage to a woman who has contracted a fatal asbestos-related disease at a secondary exposure.
During her lifetime, Deanna Trevarthen has not been compensated. His sister-in-law Angela Calver continued the fight after Trevarthen's death in 2016, at the age of 45.
A court ruling on Monday revealed that Trevarthen was entitled to cover the ACC, as promised by Calver in Trevarthen.
PROVIDED
Deanna Trevarthen, 45, was among the youngest New Zealanders to die of mesothelioma, an aggressive form of cancer directly linked to asbestos. (Photo of the folder)
Calver's attorney, Beatrix Woodhouse, an attorney at John Miller Law, said that in the past VAC had only accepted the coverage of mesothelioma, the condition caused by asbestos that killed Trevarthen, which resulted from a primary exposure to work. A flawless stay
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Trevarthen was the victim of an exposure when she was a child when she kissed her father, who was working as an electrician, when he was returning home, still dressed in his work clothes. Sometimes she visited her yards.
PROVIDED
Deanna Trevarthen died in December 2016, just over a year after the diagnosis of Mesothelioma. (Photo of the folder)
Exposure to asbestos would have been sufficient to develop mesothelioma.
"This decision will set a precedent for other cases of mesothelioma, with victims of secondary exposure now being covered by ACC," said Woodhouse.
Previously, an unfair line was established between primary and secondary victims, she said.
PROVIDED
Deanna Trevarthen with her sister-in-law Angela Calver, who has started the fight for compensation following the death of Trevarthen. (Photo of the folder)
The ACC stated that it was reviewing the decision of the Wellington High Court and had no further comment.
Woodhouse said that she did not think that the scope of the judgment would go beyond mesothelioma victims because it was a single condition, caused solely by exposure to the disease. asbestos and may result from a single event.
At his death, in 2016, Trevarthen had asked ACC for a range of benefits such as treatment costs, a weekly allowance, a lump sum and funeral expenses.
In her ruling, Judge Jill Mallon said that mesothelioma affects a "small but significant" number of New Zealanders each year.
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