Everett v Ulan Coal Mines Limited (No 2) [2015] NSWDC 80

Everett v Ulan Coal Mines Limited (No 2) [2015] NSWDC 80

Because the plaintiff's alleged closed periods of incapacity both fell within the first 26 weeks after the injury and the award did not exceed the current weekly wage rate of $1022.04, the earlier award was confirmed and the stay rescinded; the earlier remarks were clarified as not stating that the current weekly wage rate is the maximum payable at all times except insofar as it caps the statutory rate after the first 26 weeks.

Jurisdiction
Australia
Judgment Date
01 April 2015
Procedural Posture
Civil Workers Compensation Proceeding / Defendant's Application Following Earlier Reasons and Award
Outcome
Award confirmed; stay rescinded; defendant ordered to pay the plaintiff's costs of the application on a refresher basis.
Legal Topics
['coal Miners' 'partial Incapacity Payments' 'first 26 Weeks of Incapacity' 'current Weekly Wage Rate' 'statutory Rate']
['workers Compensation'] ['coal Miners' 'partial Incapacity Payments' 'first 26 Weeks of Incapacity' 'current Weekly Wage Rate' 'statutory Rate']

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Procedural Posture

Civil Workers Compensation Proceeding / Defendant's Application Following Earlier Reasons and Award

Legal Issues

  1. 1 ['Whether remarks in the earlier reasons should be clarified because they might suggest that the current weekly wage rate was the maximum payable under s 11(1) of the Workers Compensation Act 1926 at any time.' 'Whether the award previously made should be confirmed and the stay rescinded.']

Ratio Decidendi

Because the plaintiff's alleged closed periods of incapacity both fell within the first 26 weeks after the injury and the award did not exceed the current weekly wage rate of $1022.04, the earlier award was confirmed and the stay rescinded; the earlier remarks were clarified as not stating that the current weekly wage rate is the maximum payable at all times except insofar as it caps the statutory rate after the first 26 weeks.

Court Disposition

Award confirmed; stay rescinded; defendant ordered to pay the plaintiff's costs of the application on a refresher basis.

Orders

  • ['Award made on 6 January 2015 confirmed.' 'Stay made on 6 January 2015 rescinded.' "Defendant to pay the plaintiff's costs of application on a refresher basis."]