Dean v BHP Billiton Ltd & Ors [2017] NSWDC 418

Dean v BHP Billiton Ltd & Ors [2017] NSWDC 418

Plaintiff is entitled to compensation for lump sum impairment of neck, back, both arms and both legs under s 66 and for pain and suffering under s 67, but not additional sums for feet, as the leg includes the foot under current law. The evidence establishes total incapacity for work and the quantum is assessed based on medical evidence and statutory regime, with reductions for constitutional factors when appropriate. Weekly payments from the date of redundancy are also awarded.

Parties
Plaintiff: Darrell John Dean; First Defendant: BHP Billiton Ltd; Second Defendant: Coal & Allied Operations Pty Ltd; Third Defendant: Blackdown Investments Ltd; Fourth Defendant: Oceanic Coal Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
10 November 2017
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for the plaintiff; damages awarded; orders made for payments and costs.
Legal Topics
Coal Miner Compensation, Weekly Payments, Lump Sum Impairment, Pain and Suffering, Disease Process, Degenerative Conditions
Workers Compensation Coal Miner Compensation Weekly Payments Lump Sum Impairment Pain and Suffering Disease Process Degenerative Conditions

Case Brief

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Parties

Darrell John Dean

Plaintiff

BHP Billiton Ltd

First Defendant

Coal & Allied Operations Pty Ltd

Second Defendant

Blackdown Investments Ltd

Third Defendant

Oceanic Coal Australia Pty Ltd

Fourth Defendant

Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 Extent of the plaintiff's incapacity for work
  2. 2 Assessment of permanent impairment for various body parts
  3. 3 Entitlement to lump sum compensation for impairment and pain and suffering

Ratio Decidendi

Plaintiff is entitled to compensation for lump sum impairment of neck, back, both arms and both legs under s 66 and for pain and suffering under s 67, but not additional sums for feet, as the leg includes the foot under current law. The evidence establishes total incapacity for work and the quantum is assessed based on medical evidence and statutory regime, with reductions for constitutional factors when appropriate. Weekly payments from the date of redundancy are also awarded.

Court Disposition

Judgment for the plaintiff; damages awarded; orders made for payments and costs.

Orders

  • Award of $1,264.76 from 26 August 2014 to 24 February 2015.
  • Award of $481.50 per week from 25 February 2015 as indexed until 11 January 2016.