COURT OF TARANTO, THE SINGLE JUDGE HAS ORDERED THAT THE CHILDREN OF A MARSHAL OF THE NAVY, A VICTIM OF ASBESTOS, RECEIVE THE SPECIAL GRANT, THE LIFETIME ALLOWANCE, THE SPECIAL LIFETIME ALLOWANCE AND THE FURTHER LEGAL BENEFITS WITH EFFECT FROM THE DEATH OF THE PARENT
“Abbate Francesco’s right to the recognition of the status of a subject equivalent to the victims of duty must therefore be declared… with consequent condemnation – of the Ministry of the Interior – to the adoption of the relevant obligations”. Thus the single judge of the Court of Taranto in the sentence in favor of a former petty officer of the Navy.
Ascertained that the worker has “carried out their institutional duties in conditions of particular health risk”, the judge writes that: “for the purposes of recognizing the condition of being equivalent to the victim of duty, it is necessary and sufficient that the soldier has contracted the illness on the occasion or following the performance of his service activity on board naval units, or on military vehicles or infrastructures in which asbestos was documented”.
The sentence, which has become final, condemns the Ministries of Defense and the Interior to recognize the Marshal Francesco Abbate which one victim of duty and the inclusion of his name in the ranking. Family members will be entitled to the special donation and lifetime allowance starting from the date of their loved one’s death for a total amount of approximately 500 thousand euros.
The lawyer Ezio Bonanni: «positive result that encourages us to move forward»
«This conviction – commented the lawyer. Ezio Bonannipresident ofNational Asbestos Observatorywhich represents the heirs – leaves no doubt about the Marshal’s serious exposure to asbestos, and is also damning in light of the technical expert investigation of the Court of Taranto. This is yet another positive result that encourages us to move forward to protect our men in uniform.”
“Shipping engineers were particularly exposed to asbestos”
Francesco Abbate served in the Navy for forty years, first as a naval engineer student, then in the role of non-commissioned officer of the permanent services. Therefore as Adjutant Marshal with seniority in rank, with periods also spent on board. During his working life, Abbate was exposed to killer fiber and other carcinogens, which led to his death at the age of 75.
The testimony of a former colleague of the appellants supports the appellants’ theory “of whose”that is, of the deceased and of an environmental prevention technician according to whom, we read in the judge’s order, “ship engineers were particularly exposed to asbestos, present in large quantities both in the arsenal and on ships, in the absence of suitable protective measures and adequate information on the related risks”.
It is therefore clear in the hearing that both on the ships and in the workshops on land, the pipes and mechanical systems were insulated with friable asbestos and that the operators were not provided with adequate protective devices from inhaling the dust.
All the benefits provided by law are recognized to the Marshal and his family
The judge, therefore, ordered the Ministry of Defense to recognize the deceased as a subject equivalent to victims of duty, pursuant to article 1, paragraph 564, of law no. 266/2005. It also ordered the ministry to pay to the heirs the amounts due to the deceased for special donation, lifetime allowance, special lifetime allowance and other benefits provided by law, from the date of the application until death.
As surviving family members, the Court has ordered that they receive the special donation, the lifetime allowance, the special lifetime allowance and the additional statutory benefits effective from the death of the parent. Finally, the judge ordered the Ministry of the Interior to include the name of Abbate Francesco in thelist provided for by article 3, paragraph 3, of Presidential Decree no. 243/2006.