Holden to challenge court order to compensate worker with lung disease
Holden will challenge a court order to pay compensation to an Adelaide worker who contracted lung disease during his 45 years with the company.
The man claimed his illness was the result of prolonged exposure to silica and iron dust and other materials while working at Holden's Woodville and Elizabeth plants between 1967 and 2012.
The carmaker rejected a compensation claim by the man in April 2012, arguing the cause of his sickness was unknown and it could not be proved there was a connection to his job.
The man took the matter to the Workers Compensation Tribunal, which has now ruled in his favour.
Judge Brian Gilchrist found an "almost irresistible" connection between the man's exposure and his illness.
"The Woodville plant was a dusty industrial environment. In undertaking his work there (the man) was regularly exposed to silicon dust and iron dust. He may have been exposed to other dusts," he said in his judgment.
"Although there was some evidence of a brief period of smoking and some exposure to dust while (the man) was involved in some domestic building activity, Holden concede that these are irrelevant."
Judge Gilchrist said the man worked as a machinist at Holden's Woodville plant for about 25 years until it closed and then moved to the Elizabeth plant.
"(The man) asserted that he was suffering from pulmonary fibrosis as a result of inhaled cast iron dust and other materials over 25 years exposure. He asserted the date of injury as being 17 January 1970," he said.
Based on a common sense evaluation of the evidence, I find the notion that there is a probable connection between the very lengthy exposure to silica, iron and dust generally and the contraction of the disease, almost irresistible.Judge Brian Gilchrist
"Holden is a self-insured employer. By determination dated 11 April 2012, it rejected (the man's) claim. It did so, on the basis of medical evidence indicating that (he) was suffering from idiopathic pulmonary fibrosis.
"It stated that this diagnosis denoted that the cause of his lung disease is unknown.
"It reasoned that in light of the diagnosis there was no connection between (the man's) lung disease and his employment, such that it was justified in rejecting (his) claim."
Judge Gichrist found the carmaker was responsible for the man's illness.
"I find that since he commenced working for Holden in 1967 up until 1992, he was exposed on a regular basis to silica and iron in the course of his employment with Holden and that he regularly inhaled those substances," he said.
"Based on a common sense evaluation of the evidence, I find the notion that there is a probable connection between the very lengthy exposure to silica, iron and dust generally and the contraction of the disease, almost irresistible.
"I find that (the man's) occupational exposure in the course of his employment with Holden materially contributed to his contraction of interstitial lung disease."
He ordered the parties make submissions on the man's entitlements.
Holden has lodged an appeal against the court's decision.