Synadino v Supreme Paints [2001] NSWCC 119

Synadino v Supreme Paints [2001] NSWCC 119

The Court accepted the applicant as a witness of truth, was not satisfied that he had exaggerated his symptoms, was not convinced that the neck fracture or pathology had healed, and accepted Dr Giblin's report as a proper reflection of the applicant's permanent impairment. On that basis, the Court awarded lump sum compensation, s 67 compensation, s 60 expenses and costs.

Jurisdiction
Australia
Judgment Date
13 March 2001
Procedural Posture
Proceedings to Obtain Compensation / Ex Tempore Judgment
Outcome
Award for the applicant.
Legal Topics
['lump Sum Compensation' 'permanent Impairment' 'medical Expenses' 'costs']
['workers Compensation'] ['lump Sum Compensation' 'permanent Impairment' 'medical Expenses' 'costs']

Case Brief

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Procedural Posture

Proceedings to Obtain Compensation / Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether the applicant's continuing neck and right arm symptoms and impairment were caused by the truck accident on 24 March 1999." 'Whether the applicant had exaggerated his symptoms or whether the fracture or pathology in his neck had healed.' 'Whether the applicant was entitled to lump sum compensation, s 60 expenses and costs.']

Ratio Decidendi

The Court accepted the applicant as a witness of truth, was not satisfied that he had exaggerated his symptoms, was not convinced that the neck fracture or pathology had healed, and accepted Dr Giblin's report as a proper reflection of the applicant's permanent impairment. On that basis, the Court awarded lump sum compensation, s 67 compensation, s 60 expenses and costs.

Court Disposition

Award for the applicant.

Orders

  • ["The applicant be paid lump sum compensation under s 66 of $10,000 in respect of 25 per cent permanent impairment of the applicant's neck." 'The applicant be paid lump sum compensation under s 66 of $8,000 in respect of 10 per cent permanent loss of use of the right arm at or above the elbow, it being his dominant...