Vic: Truckie to sue boss over skin cancer
By Adam Morton
MELBOURNE, Aug 15 AAP - A retired Victorian truck driver has won the right to sue hisformer employer for not warning him that over-exposure to sunlight causes skin cancer.
Eric Reeder, 71, of Dandenong, claims he contracted skin cancer while delivering bricksfor Boral Resources between 1964 and 1999.
The father of five said he had about 30 melanomas removed every two months, and wasterrified of dying from skin cancers on his back, neck and shoulders.
In what is believed to be a Victorian first, County Court Judge Len Ostrowski foundMr Reeder had suffered a "serious injury" and could sue for personal injury damages.
Mr Reeder welcomed the decision, saying the past few years had been full of a "lot of pressure".
He said Boral did not advise its employees to cover up from the sun or wear sunscreen.
"It's a thing that I've had to realise I'm going to put up with for the rest of mylife," he told reporters outside court.
"I'm pleased it's all come out in the open because it will help a lot of other people.
"Other chaps working outside, they'll realise what they've got to do."
Mr Reeder's lawyer Gary Taylor, of Maurice Blackburn Cashman, said he believed theruling was the first of its kind in Victoria.
He said it put employers on notice that sun protection was not just a worker's responsibility.
"We have known about the dangers from prolonged sun exposure for many years and employersmust work with their employees to ensure they are properly sun protected," he said.
Mr Taylor said he doubted it would lead to a flood of skin cancer-related litigation.
"It's a very rare situation ... I don't think you can have a broad brush approach thatevery person that's got skin cancer has a right to claim, I think that's a bit foolish,"
he said.
Cancer Council Victoria SunSmart campaign manager Craig Sinclair said it was an "absolutelandmark victory".
"It puts the need for sun protection in the work place up there with safety gogglesand safety helmets," he told reporters.
"It's certainly a wake-up call for all employers as well as employees."
Mr Reeder now has 30 days to issue proceedings against Boral.
But Mr Taylor said Mr Reeder hoped to reach an out of court settlement with the companywithin that period.
Comment was being sought from Boral Resources.
AAP adm/ce/apm/bwl
KEYWORD: REEDER (PIX AVAILABLE)
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