Widows' win paves way for big ACC payouts

Juanita Angell's husband, Vic, told her never to repay ACC the money it was demanding. 'I believe he's up there smiling.' Picture / Brett Phibbs

The widows of three men killed by asbestos-related diseases have won a court victory which could result in the Accident Compensation Corporation paying out millions of dollars.

Their lawyer, John Miller, said the judgment set a precedent for about 30 victims or families with cases before the courts, and for people under ACC's occupational diseases schedule.

The Court of Appeal overturned a High Court decision upholding ACC's right to withhold lump-sum compensation from asbestos victims and reclaim payments it had made.

It said the relevant clause of the statutes intended to provide ACC cover for people such as those with asbestos-related complaints.

It noted that the parliamentary select committee which considered the act had recommended further amendments to clarify that such complaints were covered, which had led to those clauses being redrafted.

The court upheld the widows' appeal and awarded them costs.

ACC papers released to the Herald under the Official Information Act last year said the corporation could receive up to 270 asbestos-related claims over the next 10 years, making it liable for at least $150 million in lump-sum payments.

The judgment means Papatoetoe woman Juanita Angell, one of the three women who brought the case, can keep a promise to her husband, Vic, to hold on to their ACC money.

"My husband said to me before he died, he said it on a few occasions, 'Don't ever give them that money back. Don't pay it back'," Mrs Angell said.

"I believe he's up there smiling."

Vic Angell died a year ago today. He worked all his life in the building trade, and contracted the fatal disease mesothelioma through his job.

Mrs Angell said the heartbreak of losing her husband of 47 years was made even harder by the year-long court battle she had since fought.

"I think it's disgusting that ACC or any government body can treat the people of New Zealand in the manner or the way that they've treated us," she said.

"I think they owe a hell of a big apology to the families of the people involved in this court procedure.

"It's criminal that governments were able to allow asbestos to be imported and used for years after they knew it was potentially a killer."

Two other widows shared Mrs Angell's success yesterday.

Mr Miller said: "It means that those people who received lump sums and were told by ACC that they would have to pay them back don't have to pay them back, and those people who got only an independence allowance [of $68 a week] are now entitled to lump sums."

The widows had been facing the prospect of repaying $100,000 compensation settlements, he said.

ACC acting chief executive Katrina Ings told One News last night that the corporation was "deeply sorry" for the delay the victims had suffered.

Earlier, she said ACC wanted to finalise the matter as soon as possible, "including in relation to other cases before the district court which are affected by the decision".