Rootsey v Tiger Nominees Pty Ltd [2002] NSWCC 48

Rootsey v Tiger Nominees Pty Ltd [2002] NSWCC 48

The applicant's incapacity and psychiatric symptoms are directly causally linked to the motor vehicle accident sustained in the course of employment; ongoing depression and inability to drive trucks are compensable consequences. Alcohol consumption following injury is itself related to the accident, not an...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 July 2002
Procedural Posture
Claim for Weekly Compensation Payments / Judgment
Outcome
award for applicant
Legal Topics
['psychiatric Injury' 'loss of Earning Capacity' 'weekly Compensation' 'causation' 'post Injury Depression' 'statutory Limits']
['workers Compensation'] ['psychiatric Injury' 'loss of Earning Capacity' 'weekly Compensation' 'causation' 'post Injury Depression' 'statutory Limits']

Source-derived case record

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Procedural Posture

Claim for Weekly Compensation Payments / Judgment

Legal Issues

  1. 1 ["Whether the applicant's incapacity to work is causally related to the work injury" 'Whether psychiatric symptoms and depression are compensable under workers compensation law' 'Whether alcohol consumption is causally related to injury and compensation claim' 'Assessment of applicant’s earning capacity post-injury' 'Appropriate quantum of compensation']

Ratio Decidendi

The applicant's incapacity and psychiatric symptoms are directly causally linked to the motor vehicle accident sustained in the course of employment; ongoing depression and inability to drive trucks are compensable consequences. Alcohol consumption following injury is itself related to the accident, not an independent cause. The applicant continues to have earning capacity in the open labour market, assessed at $550 per week, but not in the transport industry. Compensation is awarded according to statutory limits.

Court Disposition

award for applicant

Orders

  • ['$659.80 per week from 17 April 2001 to 16 August 2001 pursuant to s 36' '$413.80 per week from 17 August 2001 to 30 September 2001' '$421.00 per week from 1 October 2001 to 31 March 2002' '$428.40 per week from 1 April 2002 to date and continuing pursuant to s 40' 'Respondent to pay applicant’s medical and like...