Court rules welder’s cancer is workplace injury
A former welder who contracted lung cancer and subsequently had his right lung removed is entitled to workers’ compensation, a court has found.
The Victorian County Court ruling, which for the first time establishes a link between lung cancer and welding fumes, could pave the way for further compensation claims.
Anh Tran worked as a welder from 1993-96 and suffers from adenocarcinoma, a form of lung cancer.
The 54-year-old was originally denied workers’ compensation by the Victorian WorkCover Authority in 2012.
Judge Robert Dyer says Mr Tran was required to prove his cancer was “due to the nature of the employment in which he was relevantly engaged, and… [the work] was a significant contributing factor”.
His landmark ruling finds “persons employed as welders suffer an increased risk of the development of adenocarcinoma”.
The court was unmoved by the fact Mr Tran was a former smoker.
Instead, it was persuaded by medical testimony that former welders are 44% more likely to contract lung cancer than people who have never carried out such work.
The court also heard welders are 23% more likely to develop adenocarcinoma.
Maurice Blackburn lawyer Victoria Keays, who represented Mr Tran, is cautious about whether the ruling will prompt a wave of similar compensation claims.
“The case opens up the possibility [of litigation], but I don’t believe it will cause a landslide of litigation,” she told insuranceNEWS.com.au.
Ms Keays notes that the link is specifically between exposure to welding fumes and lung cancer, not all types of cancer.
“This was a quite specific [judgement]. We have more information about the link between welding and lung cancer than we did before, but the real significance of this case is that it provides Mr Tran and his family with some certainty.”
The amount of compensation has yet to be determined.