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$300,000 damages upheld for dust disease death

The widow of a Port Stephens man who died before a precedent-setting dust disease case could be settled has had a $300,000 damages settlement upheld in the NSW Court of Appeal.

But June Davies, of Taylors Beach, may still have another legal hurdle to clear, with the decision stayed for 40days to see if insurer CGU takes the matter to the High Court. 

Newcastle solicitor Gerard McMahon said the decision was one of two handed down on Wednesday by the court that opened the door for people in similar positions denied the ability to pursue their cases before now.

Mr McMahon said Eric Davies had worked as a pottery caster for 50 years from 1940 to 1990, when he retired.

Mr McMahon said the Davies case, and Alliance Australia Insurance versus Wade Pomfret, turned on the court’s interpretation of Section 151AB of the Workers Compensation Act 1987.

Read more of the case at:

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