The family of a woman who died of cancer and was wrongly declined financial help from ACC says they're relieved and hopes the ruling will help others.
Deanna Trevarthen Photo: Supplied
Deanna Trevarthen died of a cancer called mesothelioma in 2016 and was declined ACC cover in the years leading up to her death.
Now, five years after her death and after a lengthy court battle, it's been ruled that ACC was wrong - Trevarthen was entitled to cover by ACC.
"I'm a mixed bag of emotions," Trevarthen's sister-in-law Angela Calver said, who's taken up the case since Deanna's death.
"Very happy, obviously, that the Court of Appeal has found in this manner and forcing ACC to do their job. Sad of course that Dee's not here, but also relieved that this will do its job and help others."
Deanna, or Dee as she was known, died when she was 45 years old. Her electrician father worked with asbestos, and throughout her childhood Dee hugged him when he got home from work each night, often when he was still wearing his work clothes.
After she was diagnosed with cancer as an adult, ACC declined to help Dee because her illness was not related to her work. She was left with a financial burden as she was dying.
"ACC is there to cover you and to help you out when something happens to you that is not your fault. It was an added layer of stress, and it was a huge amount of stress while Dee was sick. ACC just should have done its job," Calver said.
And now, three judges in the Court of Appeal have agreed with Dee and Calver in a unanimous decision.
Mesothelioma, they said, does amount to a personal injury which ACC should have covered, even though she wasn't exposed at her work.
The case was heard in November and the judgment released today.
The lawyer for Trevarthen's estate, Beatrix Woodhouse, said they're thrilled with the decision and said it does set a precedent for other cases.
"Traditionally mesothelioma has only ever been covered as a condition if it's caused at a workplace. We felt this led to a fairly arbitrary distinction between accident and disease within the Act. So it does set a binding precedent," Woodhouse said.
Calver said the family did receive some compensation when the High Court ruled in favour of their argument, and now it's been through the Court of Appeal, the battle is over.
"It's now 100 percent concrete law that second-hand mesothelioma is coverable under ACC... It was never about the money, it was always about getting something that was very wrong righted."
ACC would not be interviewed for this story. A statement from an ACC spokesperson said ACC accepts the court's decision and is considering its impact on its activities.
It said it acknowledges this has been a difficult time for the family, and will make no further comment.