Ingram v Ready Workforce (A Division of Chandler Macleod) Pty Ltd & Ors [2019] NSWDC 958

Ingram v Ready Workforce (A Division of Chandler Macleod) Pty Ltd & Ors [2019] NSWDC 958

The evidence did not prove any significant frank right knee injury with the second or third defendant capable of causing the osteoarthritis that led to right knee replacement; the 1994 and 1999 events were blunt soft tissue incidents and there was no evidence against the third defendant. The plaintiff's work for the first defendant, including climbing and descending truck ladders and sitting with knees flexed for long shifts, had the ability or tendency to aggravate, accelerate or exacerbate the underlying degenerative right knee condition. Under ss 4(b)(ii) and 16 of the Workers Compensation Act 1987 (NSW), the deemed injury occurred on the day the plaintiff last worked for the first...

Jurisdiction
Australia
Judgment Date
22 November 2019
Procedural Posture
Civil Coal Miners Workers Compensation Claim for S 60 Treatment Expenses / Principal Judgment After Hearing
Outcome
Plaintiff succeeded against the first defendant; awards were made for the second and third defendants.
Legal Topics
['section 60 Treatment Expenses' 'total Knee Replacement' 'disease Injury' 'aggravation, Acceleration or Exacerbation of Degenerative Condition' 'last Employer Liability']
['workers Compensation' 'coal Miners Workers Compensation'] ['section 60 Treatment Expenses' 'total Knee Replacement' 'disease Injury' 'aggravation, Acceleration or Exacerbation of Degenerative Condition' 'last Employer Liability']

Case Brief

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Procedural Posture

Civil Coal Miners Workers Compensation Claim for S 60 Treatment Expenses / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether the plaintiff's total right knee replacement expenses were payable under s 60 of the Workers Compensation Act 1987 (NSW)." 'Whether the plaintiff sustained a compensable right knee injury during earlier employment with the second or third defendant.' "Whether the plaintiff's work for the first defendant aggravated, accelerated or exacerbated a degenerative condition of the right knee so as to engage the disease provisions and last employer liability."]

Ratio Decidendi

The evidence did not prove any significant frank right knee injury with the second or third defendant capable of causing the osteoarthritis that led to right knee replacement; the 1994 and 1999 events were blunt soft tissue incidents and there was no evidence against the third defendant. The plaintiff's work for the first defendant, including climbing and descending truck ladders and sitting with knees flexed for long shifts, had the ability or tendency to aggravate, accelerate or exacerbate the underlying degenerative right knee condition. Under ss 4(b)(ii) and 16 of the Workers Compensation Act 1987 (NSW), the deemed injury occurred on the day the plaintiff last worked for the first...

Court Disposition

Plaintiff succeeded against the first defendant; awards were made for the second and third defendants.

Orders

  • ["The first defendant is to pay the plaintiff's expenses under s 60 for treatment of his right knee since the injury found." 'Award for the second defendant.' 'Award for the third defendant.' "The first defendant is to pay the plaintiff's costs."]