Adler v Integra Coal Operations Pty Limited [2015] NSWDC 337

Adler v Integra Coal Operations Pty Limited [2015] NSWDC 337

The plaintiff's impairments of the neck and back were substantially caused by the nature and conditions of his employment as a plant operator in open cut coal mining. The medical evidence supports 13.5% impairment of both the neck and back after statutory reduction, but not any permanent loss of the right leg. The plaintiff is partially incapacitated for his pre-injury work but capable of suitable alternative duties. He is entitled to lump sum compensation for his impairments, pain and suffering, weekly payments for partial incapacity, and payment of his medical and related expenses.

Parties
Plaintiff: David Adler; Defendant: Integra Coal Operations Pty Limited
Jurisdiction
Australia
Judgment Date
11 November 2015
Procedural Posture
Workers Compensation Claim / Judgment/orders
Outcome
Judgment for plaintiff (David Adler)
Legal Topics
Coal Miners, Weekly Payments, Deemed Total Incapacity, Lump Sum Compensation, Partial Incapacity, Impairment Assessment
Workers Compensation Employment Law Coal Miners Weekly Payments Deemed Total Incapacity Lump Sum Compensation Partial Incapacity Impairment Assessment

Case Brief

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Parties

David Adler

Plaintiff

Integra Coal Operations Pty Limited

Defendant

Procedural Posture

Workers Compensation Claim / Judgment/orders

Legal Issues

  1. 1 Entitlement to weekly payments for deemed total incapacity under s 11(2) Workers Compensation Act 1926 or as preserved by Workers Compensation Act 1987
  2. 2 Entitlement to lump sum compensation for impairment under s 66 and s 67 Workers Compensation Act 1987
  3. 3 Assessment of percentage impairment of back, neck and right leg

Ratio Decidendi

The plaintiff's impairments of the neck and back were substantially caused by the nature and conditions of his employment as a plant operator in open cut coal mining. The medical evidence supports 13.5% impairment of both the neck and back after statutory reduction, but not any permanent loss of the right leg. The plaintiff is partially incapacitated for his pre-injury work but capable of suitable alternative duties. He is entitled to lump sum compensation for his impairments, pain and suffering, weekly payments for partial incapacity, and payment of his medical and related expenses.

Court Disposition

Judgment for plaintiff (David Adler)

Orders

  • Award for plaintiff for $2,442.30 from 22 August 2014 to 21 February 2015 pursuant to s 11(2) Workers Compensation Act 1926 as preserved
  • Award for plaintiff for $386.90 from 22 February 2015 to 31 March 2015 pursuant to s 11(2) Workers Compensation Act 1926 as preserved