Nassar v Albert Doumit [2001] NSWCC 45

Nassar v Albert Doumit [2001] NSWCC 45

The applicant was assaulted in the course of employment as a taxi driver on 1 August 1998, causing injury to his face and teeth and ongoing post traumatic stress disorder with anxiety and depression. Although he had pre-existing gum disease and might eventually have lost his teeth, the assault loosened and damaged teeth and was, on the balance of probabilities, a substantial contributing factor to their loss. The psychiatric condition rendered him unfit for taxi driving, but he retained capacity to earn $300 per week in suitable work such as cleaning. Dental implants were a reasonable course of treatment if the applicant chose that option.

Jurisdiction
Australia
Judgment Date
19 April 2001
Procedural Posture
Workers Compensation Proceedings / Judgment After Hearing
Outcome
Award for the applicant.
Legal Topics
['injury in the Course of Employment' 'post Traumatic Stress Disorder' 'dental Treatment Expenses' 'incapacity for Work' 'substantial Contributing Factor']
['workers Compensation'] ['injury in the Course of Employment' 'post Traumatic Stress Disorder' 'dental Treatment Expenses' 'incapacity for Work' 'substantial Contributing Factor']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Workers Compensation Proceedings / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the applicant sustained compensable injury to his face and teeth and psychiatric injury as a result of an assault in the course of employment on 1 August 1998.' "Whether employment was a substantial contributing factor to the applicant's dental condition and loss of teeth having regard to pre-existing gum disease." 'Whether the applicant required dental treatment under s 60 and whether implants were reasonable.' "The degree of the applicant's incapacity for work and his capacity to earn on the open labour market."]

Ratio Decidendi

The applicant was assaulted in the course of employment as a taxi driver on 1 August 1998, causing injury to his face and teeth and ongoing post traumatic stress disorder with anxiety and depression. Although he had pre-existing gum disease and might eventually have lost his teeth, the assault loosened and damaged teeth and was, on the balance of probabilities, a substantial contributing factor to their loss. The psychiatric condition rendered him unfit for taxi driving, but he retained capacity to earn $300 per week in suitable work such as cleaning. Dental implants were a reasonable course of treatment if the applicant chose that option.

Court Disposition

Award for the applicant.

Orders

  • ['Award for the applicant in the sum of $357.75 pw from 28 May 1999 to date and continuing, pursuant to s 40.' 'General order in relation to s 60 expenses, including the cost of dental work.' 'Costs pt 29.']