Give us back the £152k you got for husband's death
A NORTH Wales widow faces a legal challenge over a £152,000 asbestos compensation pay-out. In what is being billed as a landmark ruling, a French company ordered to make the pay-out will argue compensation should be shared between previous employers.
The case will be heard in the House of Lords on Monday.
Sylvia Barker was awarded the money after her 57-year-old husband, Vernon, died of asbestos-related cancer mesothelioma in 1996, after working at Shotton steelworks.
Between 1960 and 1968, Mr Barker was "heavily, regularly and frequently" exposed to asbestos dust.
Mrs Barker, of Wood Lane, Pen y Maes, Holywell, has already fought off one bid to strip her of the payment at the Appeal Court.
Four years ago the insurance companies lost their case in the House of Lords when they argued cancer, in theory, could be triggered by just one asbestos fibre, making it near impossible to prove an employee contracted the dis-ease in just one place.
The House of Lords found against the insurance companies, but gave them leave to appeal.
The insurance companies are now arguing that if the worker could have contracted the disease in more than one place of employment the compensation bill should be shared out.
Lawyers for asbestos claimants are concerned a shared compensation bill could include now defunct companies, resulting in reduced payments to claimants and their families.
Mr and Mrs Barker had been married for almost 30 years when former labourer Mr Barker died.
The courts were told Mr Barker was most exposed over a six-month period while cleaning up the galvanising section at Shotton Steel.
Mrs Barker won her award at the High Court, but St Gobain argued the High Court was legally wrong to hold it responsible for the death of Mr Barker, and the issue went before the Appeal Court.
St Gobain said Mr Barker worked for another company for six weeks in 1958.
The firm claimed he was also exposed to asbestos dust when working as a self-employed plasterer between 1968 and 1989 and could have suffered the eventually fatal exposure at any point in his working life.
The case will be heard in the House of Lords on Monday.
Sylvia Barker was awarded the money after her 57-year-old husband, Vernon, died of asbestos-related cancer mesothelioma in 1996, after working at Shotton steelworks.
Between 1960 and 1968, Mr Barker was "heavily, regularly and frequently" exposed to asbestos dust.
Mrs Barker, of Wood Lane, Pen y Maes, Holywell, has already fought off one bid to strip her of the payment at the Appeal Court.
Four years ago the insurance companies lost their case in the House of Lords when they argued cancer, in theory, could be triggered by just one asbestos fibre, making it near impossible to prove an employee contracted the dis-ease in just one place.
The House of Lords found against the insurance companies, but gave them leave to appeal.
The insurance companies are now arguing that if the worker could have contracted the disease in more than one place of employment the compensation bill should be shared out.
Lawyers for asbestos claimants are concerned a shared compensation bill could include now defunct companies, resulting in reduced payments to claimants and their families.
Mr and Mrs Barker had been married for almost 30 years when former labourer Mr Barker died.
The courts were told Mr Barker was most exposed over a six-month period while cleaning up the galvanising section at Shotton Steel.
Mrs Barker won her award at the High Court, but St Gobain argued the High Court was legally wrong to hold it responsible for the death of Mr Barker, and the issue went before the Appeal Court.
St Gobain said Mr Barker worked for another company for six weeks in 1958.
The firm claimed he was also exposed to asbestos dust when working as a self-employed plasterer between 1968 and 1989 and could have suffered the eventually fatal exposure at any point in his working life.
posted by Chris Placitella | 10:38 AM
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