Global Asbestos Congress 2004
Medical vs. Medico Legal Diagnosis of Asbestos Disease in Western Australia
Medical Advisor, Asbestos Diseases Society of Australia, Australia
[paper not submitted—author could not atttend]
The clean-cut medical diagnosis of asbestos disease may become clouded when evaluated in a medical legal setting.
The Western Australian Workers Compensation Act is very specific in its requirements of compensable asbestos diseases, i.e., Mesothelioma, Lung Cancer and Asbestosis.
Pleural disease is not compensable under the act. However complex common law remedy is possible but unlikely to succeed.
This discussion will illustrate the problems faced by claimants with less than classical diseases in an adversarial system.