In a recent case the High Court has overturned both the ACC rejection of cover and the District Court finding of no cover for a child who inhaled asbestos off the work clothing of her father.

The asbestos once inhaled resulted in a condition that eventually killed the child about 40 years after she inhaled the asbestos.

The High Court has held that the condition the deceased suffered was a personal injury caused by inhaling asbestos.

The asbestos was inhaled by accident on a specific occasion or occasions even though no one could say with any certainty when those specific occasions occurred.

ACC cover was held to be available for the deceased.

Alan Knowsley
Health & Safety Lawyer