RELEVANT DECITION OF THE ANDALUCIAN HIGHT COURT ON A CASE OF WORK WITH ASBESTUS
This is a brief comment on the ruling of the Court of Justice of Andalusia, Labor Division, in confirming the decition of the Court of First Instance convicting the shipyards of the Bay of Cadiz to indemnify the heirs of a deceased worker because of pleural mesothelioma.
The judgement confirms the direct relationship between this tumor and work in dusty / asbestos fiber. Reiterates that the Spanish shipyards, in this case in the Bay of Cadiz, in the years 50.60 and 70, at least, is widely used in the fiber of asbestos as insulation material, especially in ship repair work and that the company did not establish safety net mechanisms.
Interestingly, the doctrine on the computation of the limitation period to claim for damages, in the sense that it is understood as "dies a quo" the date on which the statement is reported occupational disability, or the provision of death and survival if so heirs claim. Finally the decision reiterates the doctrine of TS in the sense that since 1940 there is sufficient legislation obliging companies to adopt measures to protect the health of workers.
The judgement confirms the direct relationship between this tumor and work in dusty / asbestos fiber. Reiterates that the Spanish shipyards, in this case in the Bay of Cadiz, in the years 50.60 and 70, at least, is widely used in the fiber of asbestos as insulation material, especially in ship repair work and that the company did not establish safety net mechanisms.
Interestingly, the doctrine on the computation of the limitation period to claim for damages, in the sense that it is understood as "dies a quo" the date on which the statement is reported occupational disability, or the provision of death and survival if so heirs claim. Finally the decision reiterates the doctrine of TS in the sense that since 1940 there is sufficient legislation obliging companies to adopt measures to protect the health of workers.
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