LANGUAGE

Shaw as Executrix of the Estate of the late Edward Colclough v. Rothmans of Pall Mall Australia Ltd

The executor of a deceased's estate brought an application for weekly compensation from the respondent, Rothmans, alleging that the deceased was incapacitated for work as a result of being forced to smoke while working for Rothmans. The deceased was employed as a sales representative of Rothmans between 1959 and 1961, during which time he was required to smoke. The respondent was incapacitated for work in 1977.

At first instance the trial judge found in favour of Rothmans. This was the appeal from that decision.

The deceased worker was a life-long smoker and suffered from emphysema. Although the Court accepted that his emphysema would have been aggravated by being required to smoke as a sales representative working for Rothmans, there was insufficient evidence to link that period of smoking with his incapacity for work many years later. The Court therefore dismissed the appeal.