Alexander v Nareena Industries [2015] NSWDC 338

Alexander v Nareena Industries [2015] NSWDC 338

On the medical evidence and the plaintiff's oral evidence and demonstration, the plaintiff had sustained a 15% loss of efficient use of his dominant right hand. The objective evidence concerning the left hand supported only an injury to the left index finger, not a compensable loss of efficient use of the whole left hand, and that loss was assessed at 5% of the left index finger. Those findings entitled him to s 67 compensation, assessed at three-tenths of a most extreme case and valued at $19,860.

Jurisdiction
Australia
Judgment Date
10 November 2015
Procedural Posture
Civil Workers Compensation Claim for Lump Sum Compensation / Principal Judgment After Hearing on Quantum
Outcome
Award for the plaintiff on quantum.
Legal Topics
['coal Miners' 'lump Sum Compensation' 'permanent Loss of Efficient Use of Hand or Finger' 'pain and Suffering Compensation' 'medical Evidence' 'assessment of Quantum']
['workers Compensation'] ['coal Miners' 'lump Sum Compensation' 'permanent Loss of Efficient Use of Hand or Finger' 'pain and Suffering Compensation' 'medical Evidence' 'assessment of Quantum']

Case Brief

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Procedural Posture

Civil Workers Compensation Claim for Lump Sum Compensation / Principal Judgment After Hearing on Quantum

Legal Issues

  1. 1 ["The extent of the permanent loss of efficient use of the plaintiff's right hand." "Whether the injury to the plaintiff's left hand entitled him to compensation for loss of efficient use of the left hand or only the left index finger." "The extent of any loss of efficient use of the plaintiff's left hand or left index finger." 'The amount of compensation under s 67 for pain and suffering, anxiety and distress resulting from the losses.']

Ratio Decidendi

On the medical evidence and the plaintiff's oral evidence and demonstration, the plaintiff had sustained a 15% loss of efficient use of his dominant right hand. The objective evidence concerning the left hand supported only an injury to the left index finger, not a compensable loss of efficient use of the whole left hand, and that loss was assessed at 5% of the left index finger. Those findings entitled him to s 67 compensation, assessed at three-tenths of a most extreme case and valued at $19,860.

Court Disposition

Award for the plaintiff on quantum.

Orders

  • ["Award for the plaintiff for $13,891.50 in respect of 15% loss of efficient use of the plaintiff's right hand." "Award for the plaintiff for $1,190.70 for 5% loss of efficient use of the plaintiff's left index finger." 'Award for the plaintiff for $19,860 pursuant to s 67.' "Defendant to pay the plaintiff's...