The man worked with asbestos exposure “without respiratory protection and without the specific health supervision” required by legislation.
The Social Court Number 3 of Donostia-San Sebastián has partially upheld the claim of a 94-year-old former CAF employee and ordered this company to pay 43,646 euros for the occupational asbestosis from which he suffers.
The retiree worked at the CAF Beasain foundry between 1964 and 1994 with asbestos exposure”without respiratory protection and without specific health surveillance“, which the legislation required, the Association of Asbestos Victims of Euskadi (Asviamie) said in a statement.
After being included by Osalan in the list of employees exposed to asbestos on June 21, 2022, pachypleuritis due to pleural plaques due to asbestos with secondary mild to moderate restrictive lung abnormalities was diagnosed at Zumarraga Hospital and in December of that year the diagnosis was made. The social security recognized the absolute permanent disability due to asbestosis and demanded 142,897 euros in damages from CAF.
The company argued that the breathing limitation he has is due to his age and that it is at least a minor injury. Therefore, it understands that he is entitled to compensation of 13,779.09 euros, Asviamie explains.
That’s what the sentence says the company “partially” takes over the demandconsiders that the cause of his illness has been proven and is obliged to pay compensation, although taking into account the “particular difficulty” in determining to what extent the limitations in his lung capacity, in addition to the occupational disease, are due to the situation of “old age and deterioration due to multiple pathologies, taking into account his 94 years.”
For this reason, he understands the classification as ‘mild-moderate’, after assessing the ‘small impact that his disease has on his quality of life’ due to his old age, and orders CAF to compensate the patient with 43,646.02 euros plus interest.
Asviamie insists that all people who have been in contact with asbestos request Osalan to be registered on the said list so that they can have access to specific health surveillance and an adequate diagnosis of the disease.
Source: EITB
I’m Wayne Wickman, a professional journalist and author for Today Times Live. My specialty is covering global news and current events, offering readers a unique perspective on the world’s most pressing issues. I’m passionate about storytelling and helping people stay informed on the goings-on of our planet.
