Smith v Attorney Generals Department [2001] NSWCC 144

Smith v Attorney Generals Department [2001] NSWCC 144

The applicant suffered a compensable injury to her back and legs in the course of employment; the impairment was quantified at 20% of a most extreme case for the back and 5% for each leg, with a deductible proportion of one-fifth for pre-existing condition, supported by the majority of medical evidence.

Jurisdiction
Australia
Judgment Date
14 March 2001
Procedural Posture
Workers Compensation / Judgment
Outcome
Award for applicant
Legal Topics
['permanent Impairment' 'deductible Proportion' 'loss of Use of Limb' 'assessment of Damages']
['workers Compensation'] ['permanent Impairment' 'deductible Proportion' 'loss of Use of Limb' 'assessment of Damages']

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Procedural Posture

Workers Compensation / Judgment

Legal Issues

  1. 1 ['Degree of permanent impairment resulting from workplace injury' 'Appropriate deductible for pre-existing condition under s 68A' "Extent of permanent loss of use of applicant's legs"]

Ratio Decidendi

The applicant suffered a compensable injury to her back and legs in the course of employment; the impairment was quantified at 20% of a most extreme case for the back and 5% for each leg, with a deductible proportion of one-fifth for pre-existing condition, supported by the majority of medical evidence.

Court Disposition

Award for applicant

Orders

  • ['Award of $9,600 under s 66 for back impairment (after deduction)' 'Award of $3,000 for right leg impairment (after deduction)' 'Award of $3,000 for left leg impairment (after deduction)' 'Award of $12,000 under s 67' "Respondent to pay applicant's costs" 'Certification of a second conference at $150']