Cessnock mesothelioma sufferer Steven Dunning is no closer to receiving $2.2 million in compensation from former employer BHP Billiton Limited after the mining giant filed its notice of appeal last week.
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The appeal follows the judgment in the Dust Diseases Tribunal of NSW in July which found BHP negligently exposed Mr. Dunning to lethal levels of asbestos dust in the period from 1979 to 1981 while he worked at Newcastle Steelworks.
Senior asbestos lawyer Joanne Wade said the appeal was disappointing and showed the company’s lack of compassion towards Mr. Dunning, who is living with a terminal illness.
“It is really frustrating that BHP filed an appeal in a case of a dying man and one of their ex-workers,” Ms. Wade said.
“We think this appeal is baseless, but BHP has a right to exercise its financial muscle – and it has.
“This company has argued every available legal point for the duration of this case and it now continues to do so.
“It is not fair that Mr. Dunning and his family are still caught up in this legal battle which has lasted for four years.”
The verdict was the highest amount of damages awarded in the Dust Diseases Tribunal of NSW and also the first time BHP Billiton Limited had been ordered to pay financial compensation to a former employee of the Newcastle Steelworks who had contracted the incurable mesothelioma.
