Crapp v BHP Pty Ltd & 3 Ors [2016] NSWDC 112

Crapp v BHP Pty Ltd & 3 Ors [2016] NSWDC 112

The proposed redemption sum was reasonable because the plaintiff could not establish on the balance of probabilities that his bilateral plantar fasciitis or related treatment expenses were work-related, and although he had a substantial permanent loss of efficient use of the left leg at or above the knee, no more than one third of the current left knee condition could be attributed to underground coal mining work rather than the prior Australian Army injury and degenerative pathology.

Jurisdiction
Australia
Judgment Date
12 April 2016
Procedural Posture
Civil Redemption Application / Application for Approval of Redemption
Outcome
Redemption application approved.
Legal Topics
['coal Miners' 'redemption' 'adequacy of Sum Proposed' 'work Related Plantar Fasciitis' 'causation of Left Knee Condition']
['civil' 'workers Compensation'] ['coal Miners' 'redemption' 'adequacy of Sum Proposed' 'work Related Plantar Fasciitis' 'causation of Left Knee Condition']

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Procedural Posture

Civil Redemption Application / Application for Approval of Redemption

Legal Issues

  1. 1 ["Whether the proposed sum of $80,000 was appropriate to redeem the defendants' liability." "Whether the plaintiff's bilateral plantar fasciitis was related to his work as an underground miner or to wearing a fracture boot, moon boot or CAM boot." "The extent to which the plaintiff's left knee condition and loss of efficient use of the left leg at or above the knee was caused by coal mining work injuries rather than a prior Australian Army injury."]

Ratio Decidendi

The proposed redemption sum was reasonable because the plaintiff could not establish on the balance of probabilities that his bilateral plantar fasciitis or related treatment expenses were work-related, and although he had a substantial permanent loss of efficient use of the left leg at or above the knee, no more than one third of the current left knee condition could be attributed to underground coal mining work rather than the prior Australian Army injury and degenerative pathology.

Court Disposition

Redemption application approved.

Orders

  • ['The redemption was approved.' 'By consent, orders were made in accordance with short minutes of order initialled and left with the papers.']