Truckie to sue boss over skin cancer

A RETIRED truck driver has won the right to sue his former 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 bricks for Boral Resources between 1964 and 1999.The father of five said he had about 30 melanomas removed every two months, and was terrified 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 found Mr 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 my life,” 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 the ruling 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 employers must 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 that every 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 “absolute landmark victory.””It puts the need for sun protection in the work place up there with safety goggles and 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 company within that period.Comment was being sought from Boral Resources. (Source: The West Australian, 15 August 2003)