An 18-month compensation fight for asbestos exposure in government offices
When Murray*’s side began pulsing with pain, he thought it was a burst appendix. Blood tests, a CT scan and 10 days in hospital delivered worse news – the lining of his abdomen was diseased with peritoneal mesothelioma.
But Murray didn’t tick any of the normal boxes for asbestos-related cancer. He hadn’t worked in the building industry. He wasn’t a plumber or gasfitter who dealt with asbestos-clad pipes. Then 57, he had spent his entire career working for government agencies.
Six rounds of chemotherapy helped beat back the cancer. Then a 14-hour operation removed his large colon and part of his liver and gall bladder, hopefully buying more time. He now has a stoma that keeps him up during the night.
But that was only half the battle. Murray’s GP lodged a compensation claim with ACC. He figured the only way he could have been exposed to asbestos was when the musty, dusty buildings he worked in had been renovated while staff worked away inside. Once, a worker fell through the roof in a cloud of dust.
ACC did not agree. His claim was denied – the exposure couldn’t have been bad enough to cause the disease, they argued. He went to review, and lost again.
He survived on the invalid’s benefit and chewed through his KiwiSaver funds. And then he called in the lawyers.
‘‘I’m alive and I’m so grateful. The medical fraternity has been amazing. The bastards among all of this have been ACC and the way they treat you.’’
Almost 18 months after making a claim, he finally received a lump sum payout. He’s back at work part-time and is relieved he’s finally got some peace. But he believes a mesothelioma diagnosis should be enough to secure compensation, without the stress of having to prove how or when you were exposed to asbestos.
‘‘I’m tired. I really am . . . I’ve had a career in the public service. I’ve been helping people all my life, and when you fall into this situation and you think ‘Oh my goodness, you’ve got to be joking’. Clinically, the biopsy confirms it. They think you’ve had passive exposure to it, but that’s all it takes.’’
*Name has been changed