The case of a woman who contracted mesothelioma after washing her husband's asbestos-riddled work clothes for 27 years threatens to set off another wave of compensation claims against the occupiers of sites that handled the deadly fibres.
Beverly Stavar, 70, has convinced the NSW Court of Appeal she should be able to sue Caltex for the time her husband, Frank, worked on the construction of a refinery in the Brisbane suburb of Lytton, starting in 1964. Until last week's ruling, family members had only been successful in asbestos claims against employers and manufacturers such as James Hardie, and not against companies which had occupied sites.
Peter Gordon, of plaintiff mesothelioma law firm Slater & Gordon said ``it was an important step in the development of consumers' rights in relation to asbestos''.
``It's yet another affirmation of the duty of care that large companies, in particular, have got when they have toxic substances like asbestos on their premises.''
He said Caltex was ``not just an occupier''.
``One thing that can be clearly said for the likes of Caltex is that they have had access to knowledge, science and research and have obligations which extend not just to their own workforce but to others, including families, that might be affected.''
Mrs Stavar is in poor health and declined to talk about her case or her incurable asbestos-related cancer.
The Dust and Diseases Tribunal awarded her $339,000, but said Caltex -- which took over Ampol in 1995 -- only owed her a duty of care from the time it employed her husband as lagger and sheet metal worker in 1974.
It ordered Mrs Stavar to pay costs related to the period before 1974, when her husband was employed by subcontractors at the site.
However, the appeal court said there were adequate warnings of the risk, at least by 1971, when the Asbestos Rule applied in Queensland.
Justice James Allsop said he was ``not confident from the approach of the president that a duty did not arise, at least from 1971''.
``There is a clear foundation from 1971 for a conclusion that Ampol (Qld) had an obligation to understand the medical and OH & S consideration of asbestos ... what the position was before 1971 might well be open to debate,'' he said.
He added the rule ``implicitly required the occupier of the refinery to have familiarity with the relevant medical and OH & S knowledge, including the risk posed to members of a contaminated worker's domestic household''.
Mrs Stavar's barrister, Jim McIntyre SC, said these type of claims had previously been settled.
However he pointed out that Mrs Stavar was yet to succeed against Caltex in its role as an occupier and that he was ``not at liberty to offer any comment on the merits of this aspect of the plaintiff's claim''.
Read more about mesothelioma laws
Wednesday, November 04, 2009
Wednesday, May 27, 2009
Housework!
Housework was a woman's job, but one evening, Jenny arrived home
from work to find the children bathed, one load of laundry in the washer and another in the dryer. Dinner was on the stove, and the table set. She was astonished!
It turns out that Ralph had read an article that said, 'Wives who work full-time and had to do their own housework were too tired to have sex'.
The night went very well. The next day, she told her office friends all about it. 'We had a great dinner. Ralph even cleaned up the kitchen. He
helped the kids do their homework, folded all the laundry and put it away. I really enjoyed the evening.'
'But what about afterward?' asked her friends.
'Oh, that ..., Ralph was too tired..'
from work to find the children bathed, one load of laundry in the washer and another in the dryer. Dinner was on the stove, and the table set. She was astonished!
It turns out that Ralph had read an article that said, 'Wives who work full-time and had to do their own housework were too tired to have sex'.
The night went very well. The next day, she told her office friends all about it. 'We had a great dinner. Ralph even cleaned up the kitchen. He
helped the kids do their homework, folded all the laundry and put it away. I really enjoyed the evening.'
'But what about afterward?' asked her friends.
'Oh, that ..., Ralph was too tired..'
Sunday, May 17, 2009
Friday, May 01, 2009
I used to be that girl he's holding now
it's official people. i suck at relationship. either my boyfriend is a freak or i fucked up big time. in this case, i fucked up big time!! oh, adi? he broke up with me because i wasn't being totally honest with him from the very beginning of our relationship. see? see what i mean? haih!
so what was i supposed to do? if i tell him, he'll hate me and i'll never see him again. if i don't tell him, he'll find out and then he'll hate me and i'll never see him again. but he already did.
so yeah, shit on me.
ironic isn't it? i broke up with afiq because of adi and adi broke up with me because of afiq (not that way!). it was a slap in the face, seriously.
what goes around do comes around.
so what was i supposed to do? if i tell him, he'll hate me and i'll never see him again. if i don't tell him, he'll find out and then he'll hate me and i'll never see him again. but he already did.
so yeah, shit on me.
ironic isn't it? i broke up with afiq because of adi and adi broke up with me because of afiq (not that way!). it was a slap in the face, seriously.
what goes around do comes around.
Tuesday, April 14, 2009
Monday, March 30, 2009
Don't ask a retiree a dumb question ...
A note from my retired father:
The next time someone asks you a dumb question wouldn't you like to respond like this?
Yesterday I was at my local Wal-Mart buying a large bag of Iams Dog Food for our loyal pet, Riley, the Wonder Dog and was in the checkout line when a woman behind me asked if I had a dog.
What did she think I had, an elephant?
So since I'm retired and have little to do, on impulse I told her that no, I didn't have a dog, I was starting the "Iams Diet" again.
I added that I probably shouldn't, because I ended up in the hospital last time, but that I'd lost 50 pounds before I awakened in an intensive care ward with tubes coming out of most of my orifices and IVs in both arms. I told her that it was essentially a perfect diet and that the way that it works is to load your pants pockets with Iams nuggets and simply eat one or two every time you feel hungry.
The food is nutritionally complete so it works well and I was going to try it again. (I have to mention here that practically everyone in line was now enthralled with my story.)
Horrified, she asked if I ended up in intensive care because the dog food poisoned me.
I told her no, I stepped off a curb to sniff an Irish Setter's ass and a car hit us both.
I thought the guy behind her was going to have a heart attack, he was laughing so hard. Wal-Mart won't let me shop there anymore.
The next time someone asks you a dumb question wouldn't you like to respond like this?
Yesterday I was at my local Wal-Mart buying a large bag of Iams Dog Food for our loyal pet, Riley, the Wonder Dog and was in the checkout line when a woman behind me asked if I had a dog.
What did she think I had, an elephant?
So since I'm retired and have little to do, on impulse I told her that no, I didn't have a dog, I was starting the "Iams Diet" again.
I added that I probably shouldn't, because I ended up in the hospital last time, but that I'd lost 50 pounds before I awakened in an intensive care ward with tubes coming out of most of my orifices and IVs in both arms. I told her that it was essentially a perfect diet and that the way that it works is to load your pants pockets with Iams nuggets and simply eat one or two every time you feel hungry.
The food is nutritionally complete so it works well and I was going to try it again. (I have to mention here that practically everyone in line was now enthralled with my story.)
Horrified, she asked if I ended up in intensive care because the dog food poisoned me.
I told her no, I stepped off a curb to sniff an Irish Setter's ass and a car hit us both.
I thought the guy behind her was going to have a heart attack, he was laughing so hard. Wal-Mart won't let me shop there anymore.
Thursday, March 12, 2009
Country Music Sucks
My country music-loving Dad dragged me to 3 Willie Nelson, 2 Alabama and 1 Reba Mackentire (sic) as a kid. I hated every minute of it and was convinced by the age of 15 that all country music fans were confederate soldiers just waiting for reinforcements.
There is a world of a difference between the Dixie Chicks, who sing, "She needs WAHDE OPEN SPA-CES" and a badass like Johnny Cash, who croons, "I once shot a man dead just to watch him die." The Dixie chicks are like your mom's shiny new Mazda Miata, while Cash (who, after countless illnesses, cancers and bullets lodged in his body just won't fucking die) is like a '53 Caddy that sputters orange/brown exhaust and makes a whole lot of fucking noise.
The ultimate country song has been described as having the following elements: Momma, prison, and getting drunk. Hence:
"So I was drunk the day my mommy got out of prison..."
There is a world of a difference between the Dixie Chicks, who sing, "She needs WAHDE OPEN SPA-CES" and a badass like Johnny Cash, who croons, "I once shot a man dead just to watch him die." The Dixie chicks are like your mom's shiny new Mazda Miata, while Cash (who, after countless illnesses, cancers and bullets lodged in his body just won't fucking die) is like a '53 Caddy that sputters orange/brown exhaust and makes a whole lot of fucking noise.
The ultimate country song has been described as having the following elements: Momma, prison, and getting drunk. Hence:
"So I was drunk the day my mommy got out of prison..."
Wednesday, February 25, 2009
Grandma's Cures
Keep this on the Fridge
Did You Know That?
Drinking two glasses of Gatorade can relieve headache pain almost immediately -- without the unpleasant side effects caused by traditional "pain relievers."
Colgate toothpaste makes an excellent salve for burns.
Before you head to the drugstore for a high-priced inhaler filled with mysterious chemicals, try chewing on a couple of curiously strong Altoids peppermints. They'll clear up your stuffed nose.
Achy muscles from a bout of the flu? Mix 1 Tablespoon of horseradish in 1 cup of olive oil. Let the mixture sit for 30 minutes, then apply it as a massage oil, for instant relief for aching muscles.
Sore throat? Just mix 1/4 cup of vinegar with 1/4 cup of honey and take 1 tablespoon six times a day. The vinegar kills the bacteria.
Cure urinary tract infections with Alka-Seltzer. Just dissolve two tablets in a glass of water and drink it at the onset of the symptoms. Alka-Seltzer begins eliminating urinary tract infections almost instantly -- even though the product was never been advertised for this use.
Honey remedy for skin blemishes... Cover the blemish with a dab of honey and place a Band-Aid over it. Honey kills the bacteria, keeps the skin sterile, and speeds healing. Works overnight.
Listerine therapy for toenail fungus... Get rid of unsightly toenail fungus by soaking your toes in Listerine mouthwash. The powerful antiseptic leaves your toenails looking healthy again.
Easy eyeglass protection... To prevent the screws in eyeglasses from loosening, apply a small drop of Maybelline Crystal Clear nail polish to the threads of the screws before tightening them.
Coca-Cola cure for rust... Forget those expensive rust removers. Just saturate an abrasive sponge with Coca Cola and scrub the rust stain. The phosphoric acid in the coke is what gets the job done.
Cleaning liquid that doubles as bug killer... If menacing bees, wasps, hornets, or yellow jackets get in your home and you can't find the insecticide, try a spray of Formula 409. Insects drop to the ground instantly.
Smart splinter remover...just pour a drop of Elmer's Glue-All over the splinter, let dry, and peel the dried glue off the skin. The splinter sticks to the dried glue.
Hunt's tomato paste boil cure...cover the boil with Hunt's tomato paste as a compress. The acids from the tomatoes soothe the pain and bring the boil to a head.
Balm for broken blisters...To disinfect a broken blister, dab on a few drops of Listerine... a powerful antiseptic.
Heinz vinegar to heal bruises... Soak a cotton ball in white vinegar and apply it to the bruise for 1 hour. The vinegar reduces the blueness and speeds up the healing process.
Kills fleas instantly. Dawn dish washing liquid does the trick. Add a few drops to your dog's bath and shampoo the animal thoroughly. Rinse well to avoid skin irritations. Goodbye fleas.
Rainy day cure for dog odor... Next time your dog comes in from the rain, simply wipe down the animal with Bounce or any dryer sheet, instantly making your dog smell springtime fresh.
Eliminate ear mites... All it takes is a few drops of Wesson corn oil in your cat's ear. Massage it in, then clean with a cotton ball. Repeat daily for 3 days. The oil soothes the cat's skin, smothers the mites, and accelerates healing.
Quaker Oats for fast pain relief....It's not for breakfast anymore! Mix 2 cups of Quaker Oats and 1 cup of water in a bowl and warm in the microwave for 1 minute, cool slightly, and apply the mixture to your hands for soothing relief from arthritis pain
Did You Know That?
Drinking two glasses of Gatorade can relieve headache pain almost immediately -- without the unpleasant side effects caused by traditional "pain relievers."
Colgate toothpaste makes an excellent salve for burns.
Before you head to the drugstore for a high-priced inhaler filled with mysterious chemicals, try chewing on a couple of curiously strong Altoids peppermints. They'll clear up your stuffed nose.
Achy muscles from a bout of the flu? Mix 1 Tablespoon of horseradish in 1 cup of olive oil. Let the mixture sit for 30 minutes, then apply it as a massage oil, for instant relief for aching muscles.
Sore throat? Just mix 1/4 cup of vinegar with 1/4 cup of honey and take 1 tablespoon six times a day. The vinegar kills the bacteria.
Cure urinary tract infections with Alka-Seltzer. Just dissolve two tablets in a glass of water and drink it at the onset of the symptoms. Alka-Seltzer begins eliminating urinary tract infections almost instantly -- even though the product was never been advertised for this use.
Honey remedy for skin blemishes... Cover the blemish with a dab of honey and place a Band-Aid over it. Honey kills the bacteria, keeps the skin sterile, and speeds healing. Works overnight.
Listerine therapy for toenail fungus... Get rid of unsightly toenail fungus by soaking your toes in Listerine mouthwash. The powerful antiseptic leaves your toenails looking healthy again.
Easy eyeglass protection... To prevent the screws in eyeglasses from loosening, apply a small drop of Maybelline Crystal Clear nail polish to the threads of the screws before tightening them.
Coca-Cola cure for rust... Forget those expensive rust removers. Just saturate an abrasive sponge with Coca Cola and scrub the rust stain. The phosphoric acid in the coke is what gets the job done.
Cleaning liquid that doubles as bug killer... If menacing bees, wasps, hornets, or yellow jackets get in your home and you can't find the insecticide, try a spray of Formula 409. Insects drop to the ground instantly.
Smart splinter remover...just pour a drop of Elmer's Glue-All over the splinter, let dry, and peel the dried glue off the skin. The splinter sticks to the dried glue.
Hunt's tomato paste boil cure...cover the boil with Hunt's tomato paste as a compress. The acids from the tomatoes soothe the pain and bring the boil to a head.
Balm for broken blisters...To disinfect a broken blister, dab on a few drops of Listerine... a powerful antiseptic.
Heinz vinegar to heal bruises... Soak a cotton ball in white vinegar and apply it to the bruise for 1 hour. The vinegar reduces the blueness and speeds up the healing process.
Kills fleas instantly. Dawn dish washing liquid does the trick. Add a few drops to your dog's bath and shampoo the animal thoroughly. Rinse well to avoid skin irritations. Goodbye fleas.
Rainy day cure for dog odor... Next time your dog comes in from the rain, simply wipe down the animal with Bounce or any dryer sheet, instantly making your dog smell springtime fresh.
Eliminate ear mites... All it takes is a few drops of Wesson corn oil in your cat's ear. Massage it in, then clean with a cotton ball. Repeat daily for 3 days. The oil soothes the cat's skin, smothers the mites, and accelerates healing.
Quaker Oats for fast pain relief....It's not for breakfast anymore! Mix 2 cups of Quaker Oats and 1 cup of water in a bowl and warm in the microwave for 1 minute, cool slightly, and apply the mixture to your hands for soothing relief from arthritis pain
Wednesday, January 21, 2009
Politically Correct Terms
How To Speak About Women And Be Politically Correct:
1. She is not a "BABE" or a "CHICK" - She is a "BREASTED AMERICAN."
2. She is not a "SCREAMER" or a "MOANER" - She is, "VOCALLY APPRECIATIVE."
3. She is not "EASY" - She is "HORIZONTALLY ACCESSIBLE."
4. She is not a "DUMB BLONDE" - She is a "LIGHT-HAIRED DETOUR OFF THE INFORMATION SUPERHIGHWAY."
5. She has not "BEEN AROUND" - She is a "PREVIOUSLY-ENJOYED COMPANION."
6. She is not an "AIRHEAD" - She is "REALITY IMPAIRED."
7. She does not get "DRUNK" or "TIPSY" - She gets "CHEMICALLY INCONVENIENCED".
8. She does not have "BREAST IMPLANTS" - She is "MEDICALLY ENHANCED."
9. She does not "NAG" you - She becomes "VERBALLY REPETITIVE."
10. She is not a "TRAMP" - She is "SEXUALLY EXTROVERTED."
11. She does not have "MAJOR LEAGUE HOOTERS" - She is "PECTORALLY SUPERIOR."
12. She is not a "TWO-BIT HOOKER" - She is a "LOW COST PROVIDER."
How To Speak About Men And Be Politically Correct:
1. He does not have a "BEER GUT" - He has developed a "LIQUID GRAIN STORAGE FACILITY."
2. He is not a "BAD DANCER" - He is "OVERLY CAUCASIAN."
3. He does not "GET LOST ALL THE TIME" - He "INVESTIGATES ALTERNATIVE DESTINATIONS."
4. He is not "BALDING" - He is in "FOLLICLE REGRESSION."
5. He is not a "CRADLE ROBBER" - He prefers "GENERATIONAL DIFFERENTIAL RELATIONSHIPS."
6. He does not get "FALLING-DOWN DRUNK" - He becomes "ACCIDENTALLY HORIZONTAL."
7. He does not act like a "TOTAL ASS" - He develops a case of RECTAL-CRANIAL INVERSION."
8. He is not a "MALE CHAUVINIST PIG" - He has "SWINE EMPATHY."
9. He is not afraid of "COMMITMENT" - He is "RELATIONSHIP CHALLENGED."
10. He is not "HORNY" - He is "SEXUALLY FOCUSED."
11. It's not his "CRACK" you see hanging out of his pants - It's "REAR CLEAVAGE."
1. She is not a "BABE" or a "CHICK" - She is a "BREASTED AMERICAN."
2. She is not a "SCREAMER" or a "MOANER" - She is, "VOCALLY APPRECIATIVE."
3. She is not "EASY" - She is "HORIZONTALLY ACCESSIBLE."
4. She is not a "DUMB BLONDE" - She is a "LIGHT-HAIRED DETOUR OFF THE INFORMATION SUPERHIGHWAY."
5. She has not "BEEN AROUND" - She is a "PREVIOUSLY-ENJOYED COMPANION."
6. She is not an "AIRHEAD" - She is "REALITY IMPAIRED."
7. She does not get "DRUNK" or "TIPSY" - She gets "CHEMICALLY INCONVENIENCED".
8. She does not have "BREAST IMPLANTS" - She is "MEDICALLY ENHANCED."
9. She does not "NAG" you - She becomes "VERBALLY REPETITIVE."
10. She is not a "TRAMP" - She is "SEXUALLY EXTROVERTED."
11. She does not have "MAJOR LEAGUE HOOTERS" - She is "PECTORALLY SUPERIOR."
12. She is not a "TWO-BIT HOOKER" - She is a "LOW COST PROVIDER."
How To Speak About Men And Be Politically Correct:
1. He does not have a "BEER GUT" - He has developed a "LIQUID GRAIN STORAGE FACILITY."
2. He is not a "BAD DANCER" - He is "OVERLY CAUCASIAN."
3. He does not "GET LOST ALL THE TIME" - He "INVESTIGATES ALTERNATIVE DESTINATIONS."
4. He is not "BALDING" - He is in "FOLLICLE REGRESSION."
5. He is not a "CRADLE ROBBER" - He prefers "GENERATIONAL DIFFERENTIAL RELATIONSHIPS."
6. He does not get "FALLING-DOWN DRUNK" - He becomes "ACCIDENTALLY HORIZONTAL."
7. He does not act like a "TOTAL ASS" - He develops a case of RECTAL-CRANIAL INVERSION."
8. He is not a "MALE CHAUVINIST PIG" - He has "SWINE EMPATHY."
9. He is not afraid of "COMMITMENT" - He is "RELATIONSHIP CHALLENGED."
10. He is not "HORNY" - He is "SEXUALLY FOCUSED."
11. It's not his "CRACK" you see hanging out of his pants - It's "REAR CLEAVAGE."
Friday, January 09, 2009
Dragons
A Chinese man had three daughters, he asked his eldest daughter what kind of man she would like to marry.
"I would like to marry a man with three dragons on his chest", said the eldest daughter.
He then asked his second daughter who she would like to marry.
"I would like to marry a man with two dragons on his chest", said the second daughter.
He finally asked his youngest daughter who she would like to marry.
The youngest daughter replies, "I would like to marry a man with one draggin' on the ground".
"I would like to marry a man with three dragons on his chest", said the eldest daughter.
He then asked his second daughter who she would like to marry.
"I would like to marry a man with two dragons on his chest", said the second daughter.
He finally asked his youngest daughter who she would like to marry.
The youngest daughter replies, "I would like to marry a man with one draggin' on the ground".
Sunday, January 04, 2009
Fire department dogs
What Are The Dogs In Fire Engines For?
A nursery school teacher was delivering a station wagon full of kids home one day when a fire truck zoomed past. Sitting in the front seat of the fire truck was a Dalmatian dog.
The children started to discuss the dog's duties.
"They use him to keep crowds back," said one youngster.
"No," said another, "he's just for good luck."
Then a third child brought the argument to a close...
"They use the dog," she said firmly, "to find the fire hydrant."
A nursery school teacher was delivering a station wagon full of kids home one day when a fire truck zoomed past. Sitting in the front seat of the fire truck was a Dalmatian dog.
The children started to discuss the dog's duties.
"They use him to keep crowds back," said one youngster.
"No," said another, "he's just for good luck."
Then a third child brought the argument to a close...
"They use the dog," she said firmly, "to find the fire hydrant."
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