Jackson v Centennial Mandalong Pty Ltd [2017] NSWDC 419

Jackson v Centennial Mandalong Pty Ltd [2017] NSWDC 419

The court accepted the plaintiff's evidence that he twisted and injured his left knee at work on 28 June 2014, found that the injury led to the symptoms and arthroscopy performed by Dr Dunkley on 10 February 2015, and accepted that the plaintiff required approximately six months to recover from that surgery. On that...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 November 2017
Procedural Posture
Civil Workers Compensation Claim / Principal Judgment After Hearing
Outcome
Award for the plaintiff.
Legal Topics
['coal Mining Injury' 'left Knee Injury' 'weekly Compensation' 'medical Expenses' 'causation of Surgery']
['workers Compensation'] ['coal Mining Injury' 'left Knee Injury' 'weekly Compensation' 'medical Expenses' 'causation of Surgery']

Source-derived case record

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Procedural Posture

Civil Workers Compensation Claim / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the plaintiff injured his left knee in the course of work on or about 28 June 2014.' "Whether the plaintiff's left knee symptoms and need for arthroscopy and ACL reconstruction resulted from the work injury." 'Whether the plaintiff was entitled to weekly compensation and expenses referable to the left knee injury.']

Ratio Decidendi

The court accepted the plaintiff's evidence that he twisted and injured his left knee at work on 28 June 2014, found that the injury led to the symptoms and arthroscopy performed by Dr Dunkley on 10 February 2015, and accepted that the plaintiff required approximately six months to recover from that surgery. On that basis, the plaintiff was entitled to the awarded weekly compensation and left knee injury expenses.

Court Disposition

Award for the plaintiff.

Orders

  • ['Award for the plaintiff for $1592.50 per week from 1 December 2014 to 31 December 2014.' 'Award for the plaintiff for $1592.50 per week from 6 January 2015 to 9 June 2015.' 'Award for the plaintiff for $487.90 per week from 10 June 2015 to 14 August 2015.' "The defendant is to pay all the plaintiff's expenses...