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Workers compensation – Time provisions re asbestos claims


[2015] NTSC 1 Zabic v Alcan Gove P/L (W’s exposure to asbestos was in the 1970s and his mesothelioma was caused by D’s negligence – however, W’s claim for damages was statute-barred – “Because the plaintiff had not suffered damage prior to 1 January 1987, his cause of action in negligence for contracting malignant mesothelioma had not arisen before that date. It follows that the plaintiff’s claim for damages against the defendant after his malignant mesothelioma developed was statute-barred by s 52 Workers Rehabilitation and Compensation Act, and not preserved by s 189 of that Act” @71)