Nicol v Trazmet & Waterways & State Transit [2003] NSWCC 4

Nicol v Trazmet & Waterways & State Transit [2003] NSWCC 4

On balance, the applicant was injured at work on 19 June 2000 in the employ of the second respondent, aggravating a pre-existing back condition and resulting in partial incapacity. Compensation is awarded based on difference in earning capacity and assessed permanent impairment, with two-thirds deduction for pre-existing condition.

Jurisdiction
Australia
Judgment Date
12 February 2003
Procedural Posture
Compensation Claim / Judgment
Outcome
compensation awarded against second respondent; third respondent discharged
Legal Topics
['assessment of Compensation' 'aggravation of Pre Existing Injury' 'partial Incapacity' 'loss of Earning Capacity' 'entitlement to Interest' 'medical Expenses']
['workers Compensation'] ['assessment of Compensation' 'aggravation of Pre Existing Injury' 'partial Incapacity' 'loss of Earning Capacity' 'entitlement to Interest' 'medical Expenses']

Case Brief

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Procedural Posture

Compensation Claim / Judgment

Legal Issues

  1. 1 ['Whether the applicant suffered injury arising out of employment with the second respondent on 19 June 2000' 'Whether permanent impairment or loss resulted from employment with any respondent' 'Assessment and deduction of impairment due to pre-existing condition' 'Entitlement to weekly benefits' 'Entitlement to lump sum compensation' 'Entitlement to medical expenses and interest']

Ratio Decidendi

On balance, the applicant was injured at work on 19 June 2000 in the employ of the second respondent, aggravating a pre-existing back condition and resulting in partial incapacity. Compensation is awarded based on difference in earning capacity and assessed permanent impairment, with two-thirds deduction for pre-existing condition.

Court Disposition

compensation awarded against second respondent; third respondent discharged

Orders

  • ['Award against the second respondent in sum of $237.20 per week, as adjusted, from 8 November 2000 to date and continuing' 'Order for interest at 4% on accrued weekly benefits from date of claim' 'Award against the second respondent pursuant to s 66 in sum of $4,250' "Order for second respondent to pay applicant's...