A former BHP Billiton steel worker has been awarded over $2.2 million in compensation after a landmark court case over asbestos exposure. Steven Dunning, 54, from Cessnock, New South Wales, was diagnosed with terminal mesothelioma after inhaling asbestos dust while working at the Newcastle Steelworks from 1979 to 1981.
Mr Dunning, now bed-bound and suffering from depression, was exposed to the fatal substance from the age of 19. His wife Roma described the devastation of learning of his terminal illness, saying, 'It is a daily struggle knowing that I will not have my loving husband to grow old with.'
The court heard how the cancer and radiotherapy transformed Mr Dunning from a 'happy go lucky' man to someone plagued by night sweats, lack of energy, and physical side effects including burns and vomiting. The judgment noted that he experiences uncontrollable shaking when reminded of his condition.
Joanne Wade, solicitor from Slater and Gordon, called the award a 'landmark decision' as it is the highest ever in the NSW Dust Diseases Tribunal and the first time BHP has been ordered to pay compensation to a former Newcastle Steelworks employee. BHP has indicated it may appeal, postponing payment for at least 28 days.
The trial revealed BHP was aware of the large quantity of asbestos at the steelworks and its fatal consequences, yet continued using the material until 1985. Ms Wade expects more former employees to come forward, as the average latency period for asbestos-related illnesses is 40 years.
