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Posted By Helen Horton Has anyone any opinions on the recent court decision that asbestos exposure causing pleural plaques does not of itself warrant compensation? My Dad had asbestosis but also had plueral plaques upto to 5mm over one third of his diaphragm and over most of the lower half of both lungs with the right worse than the left. The effect of these on his ability to breathe (due to the thickening causing his diaphragm and chest wall to become inflexible) was catastrophic. Was this effect taken into account in the ruling? What does everyone else think?
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Posted By Chris Robinson My understanding is the pleural plaque cases taken to Court of Appeal were ones where medical evidence showed there were no physical symptoms and no direct connection between these and any eventual asbestos related disease or other problems. The argument is they cause no physical symptoms and give rise only to a (not surprising) fear of what the exposure to asbestos may also lead to. In UK law fear of something does not give rise to compensation and this ruling also says the mere existence of symptomless pleural plaques does not warrant compnesation (historically the Trade Unions and solcitors had been claiming about £3000 plus legal costs for each person with "symptomless" pleural plaques). If there are symptoms caused by asbestos exposure, then compensation should be claimable if there is a known party to claim against, and negligence shown, but whether the condition showing symptoms is "pleural plaques" or is some further condition is a matter for specialist medical consideration.
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Posted By Martin R. Bessant Dear Miss Horton,
Please note that this forum is a health and safety specialist area for general discussion of safety related issues. It is not a medical advice line and information in this area is best sought from someone with Medical - Legal qualifications such as a specialist solicitor.
After discussion, the Moderating Team have decided to lock this thread and suggest that you seek specialist advice.
Martin Bessant - Lead Moderator, IOSH Web Pages.
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