Dust disease claims not covered by PIPA regime

In the recent Queensland decision of Coleman v Caesarstone Australia Pty Ltd & Ors [2021] QSC 125, an applicant successfully obtained a declaration that the Personal Injuries Proceedings Act 2002 (Qld) (PIPA) did not apply to his secondary psychiatric injury caused by his dust-related condition. Facts  The applicant, James Coleman, is a 35-year old man previously employed as a stonemason. He alleged he sustained injuries as a result of occupational exposure to respirable crystalline silica dust during the course of his employment from approximately 2005 to October 2018. The applicant’s primary injury is accelerated silicosis. He was subsequently diagnosed with a moderately severe adjustment disorder with mixed anxiety and depressed mood, caused by and secondary to the diagnosis of accelerated silicosis. As a consequence of his accelerated silicosis, the applicant’s life expectancy has been significantly reduced. His thoracic physician is of the view that, within four to five years, the…