Anderson v Ingram Shearing Pty Ltd [2001] NSWCC 88

Anderson v Ingram Shearing Pty Ltd [2001] NSWCC 88

The applicant's right shoulder condition was a disease of gradual onset caused by his work as a shearer and comes within s 15. The extent of permanent impairments to his right arm, neck, and back were found on the evidence and reduced pursuant to s 68B to reflect pre-1987 service, leading to an assessment and award of weekly compensation and lump sums under the Act.

Parties
Applicant: John Frederick Anderson; Respondent: Ingram Shearing Pty Limited
Jurisdiction
Australia
Judgment Date
11 April 2001
Procedural Posture
Workers Compensation / Judgment
Outcome
Applicant awarded weekly compensation and lump sum payments; costs and expenses ordered against respondent.
Legal Topics
Incapacity for Work, Permanent Impairment, Compensation Assessment, Causation of Injury
Workers Compensation Incapacity for Work Permanent Impairment Compensation Assessment Causation of Injury

Case Brief

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Parties

John Frederick Anderson

Applicant

Ingram Shearing Pty Limited

Respondent

Procedural Posture

Workers Compensation / Judgment

Legal Issues

  1. 1 Whether the applicant's shoulder, neck, and back impairments are compensable under the Workers Compensation Act 1987 and the extent of incapacity for work and entitlement to lump sum compensation.

Ratio Decidendi

The applicant's right shoulder condition was a disease of gradual onset caused by his work as a shearer and comes within s 15. The extent of permanent impairments to his right arm, neck, and back were found on the evidence and reduced pursuant to s 68B to reflect pre-1987 service, leading to an assessment and award of weekly compensation and lump sums under the Act.

Court Disposition

Applicant awarded weekly compensation and lump sum payments; costs and expenses ordered against respondent.

Orders

  • Award of $801.07 per week from 30 November 1999 to 13 January 2000 under s 36.
  • Award of $138 per week from 14 January 2000 to date and continuing under s 40.