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ACC loses court battle over asbestos cancer victim Thu, 27 May 2021, 12:44PM Deanna Trevarthen died in 2016 from mesothelioma, a lung cancer caused by asbestos fibres. (Photo / Jason Oxenham) ACC loses court battle over asbestos cancer victim Deanna Trevarthen died in 2016 from mesothelioma, a lung cancer caused by asbestos fibres. Before her death, she pushed to get ACC cover for financial assistance, but was rejected because she was not exposed to asbestos at work. The Court of Appeal, in a unanimous decision, said her condition was a personal injury for ACC cover. Dismissing the ACC's case, the Court of Appeal ruled that the exclusion provision of the Accident Compensation Act 2001, which states cover is not available for personal injuries caused wholly or substantially by a disease, did not apply.
A spokeswoman for ACC said it acknowledged it had been a difficult time for Trevarthen's family. "We accept the court's decision and are considering its impact on the ACC scheme. We have no further comment to make at this time." Trevarthen's sister-in-law, Angela Calver, told Seven Sharp back in 2019 it was a "quick, cruel killer" that ravaged Trevarthen in 18 months.
MARK TAYLOR / STUFF Former nurse Leonie Metcalfe wants all cases of mesothelioma to be covered by ACC, without dying patients having to try to prove how they were exposed to asbestos. Mesothelioma – a cancer caused by inhaling asbestos fibres – is a death sentence. As the law stands, both occupational exposure and accidental exposure outside the workplace should be covered by ACC. So why do dying patients have to dredge 40 years of memory to try to pinpoint where and when they might have been exposed? Nikki Macdonald reports. It was supposed to be a routine GP visit for a repeat prescription. The doctor asked Leonie Metcalfe how she’d been.