Haddad v M Awad [2001] NSWCC 79

Haddad v M Awad [2001] NSWCC 79

The applicant suffered injury to his neck, back and shoulders in the August 1997 accident, but only sustained compensable permanent impairment of the neck (5:100 after 50% deduction for pre-existing impairment) attributable to the work accident; there is insufficient evidence of additional compensable permanent impairment to the back or arms related to the 1997 accident.

Jurisdiction
Australia
Judgment Date
25 May 2001
Procedural Posture
Compensation Claim / Judgment at First Instance
Outcome
Partially allowed
Legal Topics
['permanent Impairment' 'lump Sum Compensation' 'workplace Injury' 'medical Evidence' 'credit of Witness' 'apportionment Due to Pre Existing Injury']
['workers Compensation'] ['permanent Impairment' 'lump Sum Compensation' 'workplace Injury' 'medical Evidence' 'credit of Witness' 'apportionment Due to Pre Existing Injury']

Case Brief

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Procedural Posture

Compensation Claim / Judgment at First Instance

Legal Issues

  1. 1 ['Whether the applicant suffered permanent impairment of the back, neck and arms as a result of the accident on 2 August 1997' 'Extent of apportionment for pre-existing injuries or conditions under s 68A' 'Entitlement to lump sum compensation under s 66 for impairment of neck, back, arms']

Ratio Decidendi

The applicant suffered injury to his neck, back and shoulders in the August 1997 accident, but only sustained compensable permanent impairment of the neck (5:100 after 50% deduction for pre-existing impairment) attributable to the work accident; there is insufficient evidence of additional compensable permanent impairment to the back or arms related to the 1997 accident.

Court Disposition

Partially allowed

Orders

  • ['Award of $2,000 lump sum compensation pursuant to s 66 for permanent impairment of the neck' "Respondent to pay applicant's medical and related expenses pursuant to s 60" "Respondent to pay applicant's costs"]