Estate of Cooper v The Regulator [2015] QIRC 38

An interesting decision and application of whether competing significant factors of smoking and non-work related exposure to asbestos satisfied the test in s.32(1) of the Workers’ Compensation and Rehabilitation Act 2003.

In this instance, Commissioner Fisher was satisfied with the evidence of Dr Edwards Thoracic Physician and Michael Kottek, Occupational and Environmental Health Consultant, that the exposure to asbestos was significant and a significant factor in the development of the lung cancer.

Compare however, causation at common law with lung cancer/asbestos and smoking: Amaca Pty Ltd v Ellis; The State of South Australia v Ellis; Millennium Inorganic Chemicals Ltd v Ellis [2010] HCA 5 (3 March 2010)

David Cormack – Brisbane Barrister & Mediator

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