Grzechnik v Algraz. [2001] NSWCC 58

Grzechnik v Algraz. [2001] NSWCC 58

The applicant's work in an awkward and difficult position on 6 March 1997 substantially contributed to a real back problem, but underlying lumbar pathology and work before the compensable period also contributed. The court accepted Dr Richard Evans' assessment of 20 per cent permanent impairment of the back and 4 per cent permanent loss of efficient use of each leg, applied a 33 and 1/3 per cent deductible proportion, and assessed pain and suffering at 12.5 per cent of a most extreme case.

Jurisdiction
Australia
Judgment Date
27 February 2001
Procedural Posture
Assessment of Compensation / Judgment After Hearing
Outcome
Award for the applicant.
Legal Topics
['permanent Impairment' 'pain and Suffering' 'deductible Proportion' 'back Injury' 'loss of Efficient Use of Legs']
['workers Compensation'] ['permanent Impairment' 'pain and Suffering' 'deductible Proportion' 'back Injury' 'loss of Efficient Use of Legs']

Case Brief

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Procedural Posture

Assessment of Compensation / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the applicant suffered compensable injury to his back on or before 6 March 1997.' 'The degree of permanent impairment of the back and permanent loss of efficient use of each leg.' 'The deductible proportion under s 68A, including relevant elements under Sch 6 Pt 6 cl 6.' 'The assessment of pain and suffering under s 67.']

Ratio Decidendi

The applicant's work in an awkward and difficult position on 6 March 1997 substantially contributed to a real back problem, but underlying lumbar pathology and work before the compensable period also contributed. The court accepted Dr Richard Evans' assessment of 20 per cent permanent impairment of the back and 4 per cent permanent loss of efficient use of each leg, applied a 33 and 1/3 per cent deductible proportion, and assessed pain and suffering at 12.5 per cent of a most extreme case.

Court Disposition

Award for the applicant.

Orders

  • ['The respondent pay the applicant a lump-sum payment pursuant to s 66 of $8,000 in respect of the residual 13.33 per cent permanent impairment of the back.' 'The respondent pay the applicant a lump-sum payment pursuant to s 66 of $2,000 in respect of the residual 2.67 per cent loss of the left leg at or above the...