Judge: asbestos not responsible for man's death

The late Rodney Gilchrist, of Oamaru. Photo supplied.
The late Rodney Gilchrist, of Oamaru. Photo: supplied.
An Oamaru man's health - not his exposure to asbestos - is likely to be cause of his death, a District Court judge has found.

Judge Denese Henare has dismissed an appeal by the family of Rodney Gilchrist, who died of oesophageal cancer more than four years ago.

Mr Gilchrist claimed his decades-long exposure to asbestos, when he worked at Oamaru Hospital as an orderly between 1979 and 2008, contributed to his cancer.

Following a hearing at the Wellington District Court in February, Judge Henare ruled the 53-year-old's death, on February 19 2015, was likely the result of a 20-cigarette-a-day smoking habit, obesity and reflux, rather than exposure to asbestos.

Prior to his death, the Accident Compensation Corporation (ACC) declined to cover Mr Gilchrist's cancer diagnosis, as there was a lack of evidence to support his family's claim.

During his 29-year tenure at the hospital, he worked in the boiler room and as a handyman.

When the hospital closed in 2000 after it was relocated to its present site in Steward St, he remained on-site as a caretaker and also carried out general cleaning duties.

The buildings were sold in 2004 and when demolition began, Mr Gilchrist was assigned to clear debris, which included rimu panels removed from the interior of the buildings.

An Occupational Health and Safety inspection in 2005 found asbestos in the buildings, leading to their closure.

In court documents, Mr Gilchrist's widow Lois Gilchrist said she and her husband thought that any asbestos was removed before the demolition began.

"The demolition crew never realised that there was still asbestos left in the building, or how much, until the OSH reports were released.

"The workers never knew that the demolition should have been done by specialists. The demolition was completed essentially with hammers and nails, which is obviously not adequate in terms of protective gear."

Workers were issued with safety gear when the buildings reopened the same year.

The family's lawyer Beatrix Woodhouse submitted that working in an "asbestos-laden environment for 29 years" contributed to Mr Gilchrist's cancer.

While ACC accepted Mr Gilchrist had been exposed to asbestos, Judge Henare was not able to find an "actual causal link" to his cancer.

"Whilst there is evidence of asbestos exposure, there is insufficient evidence to conclude Mr Gilchrist's work tasks resulted in heavy exposure to asbestos - that is, there is no evidence of either prolonged work tasks disturbing asbestos materials or of prolonged work with disturbed materials.

"Finally, there is the credible explanation for this type of cancer which does not require any input at all from asbestos.

"Mr Gilchrist was predisposed to certain risk factors for this type of cancer."

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