The Court of Appeal of L’Aquila condemned the INPS to recognize the asbestos surcharges and to reconstruct the contributory position of Luigi Vitullo, who died at the age of 54 of epithelioid pleural mesothelioma due to professional exposure to the fibre. The technical-environmental reports of the office technical consultant (CTU) confirm that the worker from Chieti, who from 1976 to 1987 served in various companies in the province of Chieti, was exposed directly and indirectly to dust during his duties and asbestos fibres. The president of the National Asbestos Observatory (Ona), Ezio Bonanni, assisted Vitullo’s family as a lawyer.
A particularly risky task was the handling of asbestos cement sheets which were subject to wear and tear and were often abandoned on the construction site. Despite the ban on use introduced by law 257/92, Vitullo and colleagues used protective instruments made of asbestos until the mid-1990s. All the workers, not informed of the health risks and without the companies having adopted technical prevention tools, such as dust extractors or disposable masks and overalls, inadvertently brought home clothes contaminated with asbestos dust and fibres, also exposing their family members. The onset of the disease for Vitullo dates back to May 2015, in June the diagnosis of mesothelioma was confirmed. The man dies in Ancona a month later.
The legal battle, recalls a note from the Observatory, began against Inail, which in 2019 recognized the right administratively. Even after Inail’s recognition, the INPS continued to deny the exposure to asbestos as well as the benefits and additional benefits of the Asbestos Victims Fund due to the widow, Antonietta Cicchini, who was 50 years old at the time of her husband’s death, forcing a new cause. The request was rejected at first instance, but the appeal was accepted on appeal. The Institute was condemned to recalculate the indemnity pension with an increase of approximately 5 thousand euros per year. Furthermore, the woman will have to receive approximately 80 thousand euros between INPS and INAIL arrears.
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