Everett v Ulan Coal Mines Limited [2015] NSWDC 22

Everett v Ulan Coal Mines Limited [2015] NSWDC 22

The plaintiff's partial incapacity entitlement for the two claimed periods was calculated as the difference between his agreed average weekly earnings, properly based on the 17 week period after his February 2011 shift change, and his agreed actual earnings in each period. On reconsideration, that entitlement was subject to the transitional limitation that the weekly payment for partial incapacity not exceed the current weekly wage rate, because the current weekly wage rate was the maximum payable for total incapacity under the applicable scheme.

Jurisdiction
Australia
Judgment Date
06 January 2015
Procedural Posture
Workers Compensation Claim for Weekly Payments of Compensation / Principal Judgment With Reconsideration of Award Under District Court Act 1973 S 142 J(2)
Outcome
Award for the plaintiff for weekly compensation for the two claimed periods, with credit to the defendant for payments already made and with the amount payable limited to the current weekly wage rate; excess over the current weekly wage rate was stayed on reconsideration.
Legal Topics
['coal Miners' 'weekly Payments of Compensation' 'partial Incapacity for Work' 'maximum Weekly Payment' 'current Weekly Wage Rate' 'average Weekly Earnings' 'transitional Provisions']
['workers Compensation'] ['coal Miners' 'weekly Payments of Compensation' 'partial Incapacity for Work' 'maximum Weekly Payment' 'current Weekly Wage Rate' 'average Weekly Earnings' 'transitional Provisions']

Case Brief

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Procedural Posture

Workers Compensation Claim for Weekly Payments of Compensation / Principal Judgment With Reconsideration of Award Under District Court Act 1973 S 142 J(2)

Legal Issues

  1. 1 ['Whether the plaintiff was entitled to weekly payments for partial incapacity for the periods 11 August 2011 to 3 September 2011 and 10 October 2011 to 28 October 2011.' "How the plaintiff's average weekly earnings should be computed where he changed shift structure before injury." 'Whether the maximum weekly payment for partial incapacity under s 11(1) of the Workers Compensation Act 1926, as applied by transitional provisions, was limited by the current weekly wage rate.']

Ratio Decidendi

The plaintiff's partial incapacity entitlement for the two claimed periods was calculated as the difference between his agreed average weekly earnings, properly based on the 17 week period after his February 2011 shift change, and his agreed actual earnings in each period. On reconsideration, that entitlement was subject to the transitional limitation that the weekly payment for partial incapacity not exceed the current weekly wage rate, because the current weekly wage rate was the maximum payable for total incapacity under the applicable scheme.

Court Disposition

Award for the plaintiff for weekly compensation for the two claimed periods, with credit to the defendant for payments already made and with the amount payable limited to the current weekly wage rate; excess over the current weekly wage rate was stayed on reconsideration.

Orders

  • ['Award for the plaintiff for $924 per week from 11 August 2011 to 3 September 2011 pursuant to s 11(1) of the Workers Compensation Act 1926.' 'Award for the plaintiff for $864 per week from 10 October 2011 to 28 October 2011.' 'Credit to the defendant for payments already made to the plaintiff.' "Defendant to pay...