Cartner v Barclay [2002] NSWCC 9

Cartner v Barclay [2002] NSWCC 9

The applicant was an employee, not an independent contractor, and the nature and conditions of his employment caused a permanent aggravation of a pre-existing back condition leading to permanent impairment of his back and both legs. Calculation of compensation must account for a 20% contribution from pre-existing degeneration (s 68A). No concurrent earnings established. Entitlements to lump sum and weekly benefits are calculated accordingly.

Jurisdiction
Australia
Judgment Date
26 March 2002
Procedural Posture
Workers Compensation / Final Judgment
Outcome
Judgment for the applicant; compensation and weekly benefits awarded as specified; applicant’s costs to be paid by the respondent.
Legal Topics
['permanent Impairment' 'pain and Suffering' 'concurrent Earnings' 'calculation of Weekly Benefits' 'determination of Employee Status']
['workers Compensation' 'employment Law'] ['permanent Impairment' 'pain and Suffering' 'concurrent Earnings' 'calculation of Weekly Benefits' 'determination of Employee Status']

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Procedural Posture

Workers Compensation / Final Judgment

Legal Issues

  1. 1 ['Whether the applicant was an employee or independent contractor' 'Whether the applicant suffered injury arising out of and in the course of employment' 'Causation and permanency of injuries' 'Entitlement to lump sum compensation and weekly benefits' 'Application of reductions for pre-existing degenerative condition' 'Assessment of concurrent earnings']

Ratio Decidendi

The applicant was an employee, not an independent contractor, and the nature and conditions of his employment caused a permanent aggravation of a pre-existing back condition leading to permanent impairment of his back and both legs. Calculation of compensation must account for a 20% contribution from pre-existing degeneration (s 68A). No concurrent earnings established. Entitlements to lump sum and weekly benefits are calculated accordingly.

Court Disposition

Judgment for the applicant; compensation and weekly benefits awarded as specified; applicant’s costs to be paid by the respondent.

Orders

  • ['Respondent to pay applicant $24,000 for 40% back impairment (s 66).' 'Respondent to pay applicant $9,000 for 12% right leg loss (s 66).' 'Respondent to pay applicant $6,000 for 8% left leg loss (s 66).' 'Respondent to pay applicant $30,000 for pain and suffering (s 67).' 'Respondent to pay weekly benefits at $665...