James Hardie's final insult to Bernie Banton
SHAMED multinational James Hardie made one last effort to rob dying asbestos victim Bernie Banton, using a doctor's report it had hidden for seven years to claim it didn't have to pay him compensation.
As Mr Banton lost his battle with mesothelioma yesterday, The Daily Telegraph can reveal that the building company and its former subsidiary used the critical report on a 34-year-old X-ray to try to again rort the 61-year-old.
The latest dirty trick came in Mr Banton's final battle for compensation for the deadly asbestos cancer, which claimed his life yesterday. Tributes flowed across Australia yesterday for a man who fought for justice for asbestos victims literally until his last breath.
Mr Banton will be farewelled in a state funeral next Wednesday and the Asbestos Diseases Research Institute at Concord Hospital will be named the Bernie Banton Centre.
Mr Banton's last legal fight with Hardie's Asbestos Injuries Compensation Fund finally settled late last week after it was revealed the AICF's courtroom manoeuvrings were likely to stretch the matter out until his dying day.
But even before the AICF was dragged to the settlement table, it performed the ultimate insult to Mr Banton in an effort to thwart his bid for aggravated and exemplary damages. The fund produced a 2000 doctor's report revealing that a 1973 X-ray showed Mr Banton had asbestos-related health problems long before he was diagnosed with mesothelioma this year. However the move backfired. When Mr Banton made his original claim for asbestosis in 2000 - which was settled two weeks after the report had been completed - James Hardie hid the document and did not reveal its contents. Hardie's asbestos fund this month claimed that the 2000 case - in which it sat on the medical report - was so thorough that Mr Banton should not receive aggravated or exemplary damages for his mesothelioma condition. Referring to changes in his lungs, the report said: "These changes are subtle but in my view definite ... a very early reaction to asbestos exposure is possible." Before he died, Mr Banton said he was never told of the X-ray and had continued to work in Hardie's asbestos-caked factory for another 1½ years after it was taken. His lawyer Tanya Segelov said the company's behaviour was nothing short of disgraceful. James Hardie yesterday put out a terse statement offering condolences to Mr Banton's family. "The company acknowledges the significant contribution Mr Banton made to raising awareness of asbestos-related diseases in Australia and his role in the implementation of the Final Funding Agreement to compensate Australians with asbestos-related personal injury claims," it said. Mr Banton's son Adam said during the latest legal wranglings that words could not express the family's bitterness towards the two companies. A James Hardie spokesman yesterday declined to comment, saying: "These matters are settled, I have no further comment".
As Mr Banton lost his battle with mesothelioma yesterday, The Daily Telegraph can reveal that the building company and its former subsidiary used the critical report on a 34-year-old X-ray to try to again rort the 61-year-old.
The latest dirty trick came in Mr Banton's final battle for compensation for the deadly asbestos cancer, which claimed his life yesterday. Tributes flowed across Australia yesterday for a man who fought for justice for asbestos victims literally until his last breath.
Mr Banton will be farewelled in a state funeral next Wednesday and the Asbestos Diseases Research Institute at Concord Hospital will be named the Bernie Banton Centre.
Mr Banton's last legal fight with Hardie's Asbestos Injuries Compensation Fund finally settled late last week after it was revealed the AICF's courtroom manoeuvrings were likely to stretch the matter out until his dying day.
But even before the AICF was dragged to the settlement table, it performed the ultimate insult to Mr Banton in an effort to thwart his bid for aggravated and exemplary damages. The fund produced a 2000 doctor's report revealing that a 1973 X-ray showed Mr Banton had asbestos-related health problems long before he was diagnosed with mesothelioma this year. However the move backfired. When Mr Banton made his original claim for asbestosis in 2000 - which was settled two weeks after the report had been completed - James Hardie hid the document and did not reveal its contents. Hardie's asbestos fund this month claimed that the 2000 case - in which it sat on the medical report - was so thorough that Mr Banton should not receive aggravated or exemplary damages for his mesothelioma condition. Referring to changes in his lungs, the report said: "These changes are subtle but in my view definite ... a very early reaction to asbestos exposure is possible." Before he died, Mr Banton said he was never told of the X-ray and had continued to work in Hardie's asbestos-caked factory for another 1½ years after it was taken. His lawyer Tanya Segelov said the company's behaviour was nothing short of disgraceful. James Hardie yesterday put out a terse statement offering condolences to Mr Banton's family. "The company acknowledges the significant contribution Mr Banton made to raising awareness of asbestos-related diseases in Australia and his role in the implementation of the Final Funding Agreement to compensate Australians with asbestos-related personal injury claims," it said. Mr Banton's son Adam said during the latest legal wranglings that words could not express the family's bitterness towards the two companies. A James Hardie spokesman yesterday declined to comment, saying: "These matters are settled, I have no further comment".
Prime Minister-elect Kevin Rudd pays tribute to Bernie Banton
Watch Here
Source:
ABC News
Prime Minister-elect Kevin Rudd paid tribute to asbestos-disease campaigner Bernie Banton, who died early this morning at home at the age of 61. Mr Rudd also answered questions on plans to abolish WorkChoices and a promised apology in Parliament to the Stolen Generations.
posted by Kangaroo Brisbane Australia at 8:18 PM
0 Comments:
Post a Comment
<< Home