A woman who died after being exposed to asbestos through hugging her father has been denied compensation.
Deanna Trevarthen, 45, was one of the youngest New Zealand citizens to die from the aggressive pleural mesothelioma cancer, which is caused by exposure to asbestos.
When she was diagnosed she applied for ACC cover, which provides financial compensation to people who have suffered personal injuries, but was been denied as she was not employed in an asbestos risk industry, Stuff reported.
Deanna Trevarthen, 45, died from pleural mesothelioma (asbestos) cancer in 2016 (pictured)
She applied for ACC cover but was been denied as she was not employed in an asbestos risk industry
Her family lawyer, Beatrix Woodhouse, told the Wellington District Court that Deanna had been exposed to the toxic asbestos dust as a young girl.
It would have been on her father’s work uniform when she hugged him and on piles of particle board that she would play with, the court heard.
Ms Woodhouse originally perused the claim as an accident relating to the inhalation of a foreign object, rather than a work-related accident.
Now, with Deanna’s family members, she is gearing up for an appeal.
She says that this case sets an unfortunate precedent unless they succeed.
A total of 269 mesothelioma cases were lodged between 2013 and 2016 and success with Deanna’s case would give hundreds of other mesothelioma sufferers potential to lodge claims.
Here she is pictured with her partner Greg Robertson who supported her with her claim
Her lawyer and family argue that she got it from hugging her father as a girl or playing with boards
Deanna’s sister-in-law, Angela Calver, has taken up the fight for compensation in the wake of her death.
She says the court’s rejection of the accidental inhalation claim made no sense as it suggested she had exposed herself to asbestos on purpose.
‘Take this to a commonsense level – if you employ a builder to come into your house and fix something, and he knocks a piece of ceiling that has asbestos in it, and we both inhale it, then 30 years later we both get sick, he’s covered and I’m not.’
Calver argued there was still asbestos in many of the countries buildings and in the future second-hand exposure cases will become more common.
‘I can’t tell you the turmoil this has put our family through. Not only losing a key member of the family, but because we had to do so much fundraising and cover Deanna’s living expenses.’
Before her death Deanna’s life partner Greg Robertson raised $23,510.80 to help the couple with the medical expenses.
‘So we are forced to beg, borrow and if it comes to it in the future, steal, to give her the treatment she needs to live,’ he said in the post.
Calver is now intending to take the case to the high court.