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Subscriber only For former Mackay rail worker Byron May, even the simple task of breathing or walking up a flight of stairs can be a struggle. But the man who will spend the rest of his life gasping for air has enough fight left in him for one last battle. Mr May, 75, is suing his former employer for $865,000 in an effort to ensure some comfort in his final days as he battles deadly asbestosis. Maurice Blackburn Lawyers has filed a statement of claim in the Supreme Court of Queensland on Mr May s behalf against Aurizon - formerly known as QR National.