Getajanc v Australian Corrugated Box Co Pty Limited [2001] NSWCC 29

Getajanc v Australian Corrugated Box Co Pty Limited [2001] NSWCC 29

The applicant sustained an injury arising out of and in the course of employment on 17 March 1998. The medical and lay evidence established that the injury caused an L4/5 disc lesion with objective left-sided nerve root affectation, resulting in permanent impairment of the back, permanent loss of use of the left leg...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
04 April 2001
Procedural Posture
Workers Compensation Application for Determination / Judgment and Award
Outcome
Award made in favour of the applicant.
Legal Topics
['permanent Impairment' 'loss of Use' 'pain and Suffering Compensation' 'causation' 'pre Existing Injury, Condition or Abnormality']
['workers Compensation' 'personal Injury'] ['permanent Impairment' 'loss of Use' 'pain and Suffering Compensation' 'causation' 'pre Existing Injury, Condition or Abnormality']

Source-derived case record

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Procedural Posture

Workers Compensation Application for Determination / Judgment and Award

Legal Issues

  1. 1 ['Whether the applicant suffered permanent impairment or loss as claimed as a result of the workplace injury on 17 March 1998.' "Whether there was a causal connection between the applicant's impairment or loss and the workplace injury." 'Whether s 68A of the Workers Compensation Act 1987 applied because of any pre-existing injury, condition or abnormality.' 'Whether the applicant was entitled to compensation under ss 66 and 67 of the Workers Compensation Act 1987.']

Ratio Decidendi

The applicant sustained an injury arising out of and in the course of employment on 17 March 1998. The medical and lay evidence established that the injury caused an L4/5 disc lesion with objective left-sided nerve root affectation, resulting in permanent impairment of the back, permanent loss of use of the left leg at or above the knee, and some permanent loss of use of sexual organs. The applicant's psychological and physical sequelae supported a s 67 pain and suffering award, and s 68A did not apply because no pre-existing condition was shown to contribute to the ongoing problems.

Court Disposition

Award made in favour of the applicant.

Orders

  • ['$12,000 for permanent impairment of the back.' '$11,250 for 15 per cent permanent loss of use of the left leg at or above the knee.' '$7,050 for 15 per cent permanent loss of use of sexual organs.' '$15,000 under s 67 for pain and suffering.' "Respondent to pay applicant's costs." "Recommend applicant's costs...