Chetcuti v BHP Stevedoring Pty Ltd [2001] NSWCC 76

Chetcuti v BHP Stevedoring Pty Ltd [2001] NSWCC 76

The applicant received injury in the course of employment up to 1 July 1998 by aggravation, acceleration, exacerbation or deterioration of underlying degenerative disease of the neck and discs. His later arduous work was a substantial, and probably major, contributing factor to the deterioration, while pre-30 June 1987 work and pre-existing degeneration each warranted a 10 per cent deduction. After those deductions the compensable neck impairment was treated as 20 per cent and the compensable permanent loss of efficient use of the right arm was treated as 12 per cent; no compensable loss of sexual organs was established. The resulting pain and suffering was assessed at 20 per cent of a...

Jurisdiction
Australia
Judgment Date
10 May 2001
Procedural Posture
Workers Compensation Claim for Lump Sum Compensation Under Ss 66 and 67 / Ex Tempore Judgment After Hearing
Outcome
Applicant succeeded in part; the respondent was ordered to pay lump sums for neck impairment, right arm loss, pain and suffering, and costs.
Legal Topics
['assessment of Compensation' 'permanent Impairment' 'loss of Use of Right Arm' 'pain and Suffering' 'causation of Disease Injury' 'pre Existing Condition Deduction' 'pre 30 June 1987 Injury Contribution']
['workers Compensation'] ['assessment of Compensation' 'permanent Impairment' 'loss of Use of Right Arm' 'pain and Suffering' 'causation of Disease Injury' 'pre Existing Condition Deduction' 'pre 30 June 1987 Injury Contribution']

Case Brief

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Procedural Posture

Workers Compensation Claim for Lump Sum Compensation Under Ss 66 and 67 / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ["Whether the applicant's neck and right arm losses resulted from injury in the course of employment by way of aggravation, acceleration, exacerbation or deterioration of underlying degenerative disease." "Whether work was a substantial contributing factor to the applicant's cervical spine disease process and resulting losses." 'What deductions should be made for injury before 30 June 1987 under Sch 6 Pt 6 cl 6(2) and for a pre-existing condition under s 68A.' 'Whether the applicant had compensable loss of efficient use of sexual organs.' 'What lump sum compensation was payable under ss 66 and 67.']

Ratio Decidendi

The applicant received injury in the course of employment up to 1 July 1998 by aggravation, acceleration, exacerbation or deterioration of underlying degenerative disease of the neck and discs. His later arduous work was a substantial, and probably major, contributing factor to the deterioration, while pre-30 June 1987 work and pre-existing degeneration each warranted a 10 per cent deduction. After those deductions the compensable neck impairment was treated as 20 per cent and the compensable permanent loss of efficient use of the right arm was treated as 12 per cent; no compensable loss of sexual organs was established. The resulting pain and suffering was assessed at 20 per cent of a...

Court Disposition

Applicant succeeded in part; the respondent was ordered to pay lump sums for neck impairment, right arm loss, pain and suffering, and costs.

Orders

  • ['The respondent pay to the applicant a lump sum payment pursuant to s 66 of $8,000 in respect of a residual 20 per cent permanent impairment of the neck.' 'The respondent pay to the applicant a lump sum payment pursuant to s 66 of 9,600 in respect of a residual 4 per cent permanent loss of efficient use of the...