O’Donnell v Elcom Collieries Pty Ltd & Others [2017] NSWDC 462

O’Donnell v Elcom Collieries Pty Ltd & Others [2017] NSWDC 462

The plaintiff is entitled to weekly compensation for total incapacity from 7 April 2014 to 1 March 2016, as his age, injuries, and degenerative conditions render him unable to continue in employment; appropriate statutory deductions and apportionments for congenital and age-related factors are applied to lump sum awards for permanent impairment to various parts of the body, alongside compensable awards for pain and suffering due to those impairments.

Parties
Plaintiff: John William O'Donnell; First Defendant: Elcom Collieries Pty Ltd; Second Defendant: Powercoal Pty Ltd; Third Defendant: Centennial Newstan Pty Ltd; Fourth Defendant: Panloy Pty Ltd; Fifth Defendant: Sugarloaf Mining Pty Ltd; Sixth Defendant: Centennial Fassifern Pty Ltd
Jurisdiction
Australia
Judgment Date
15 November 2017
Procedural Posture
Workers Compensation Claim / Judgment and Orders
Outcome
Awards made for weekly payments, lump sum impairment, pain and suffering, medical expenses and costs.
Legal Topics
Permanent Impairment, Weekly Payments, Lump Sum Compensation, Pain and Suffering, Medical Expenses
Workers Compensation Tort Permanent Impairment Weekly Payments Lump Sum Compensation Pain and Suffering Medical Expenses

Case Brief

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Parties

John William O'Donnell

Plaintiff

Elcom Collieries Pty Ltd

First Defendant

Powercoal Pty Ltd

Second Defendant

Centennial Newstan Pty Ltd

Third Defendant

Panloy Pty Ltd

Fourth Defendant

Sugarloaf Mining Pty Ltd

Fifth Defendant

Centennial Fassifern Pty Ltd

Sixth Defendant

Procedural Posture

Workers Compensation Claim / Judgment and Orders

Legal Issues

  1. 1 Entitlement to weekly payments of compensation after incapacity
  2. 2 Assessment of permanent impairment to back, neck, arms, legs
  3. 3 Entitlement to lump sum compensation under statutory provisions

Ratio Decidendi

The plaintiff is entitled to weekly compensation for total incapacity from 7 April 2014 to 1 March 2016, as his age, injuries, and degenerative conditions render him unable to continue in employment; appropriate statutory deductions and apportionments for congenital and age-related factors are applied to lump sum awards for permanent impairment to various parts of the body, alongside compensable awards for pain and suffering due to those impairments.

Court Disposition

Awards made for weekly payments, lump sum impairment, pain and suffering, medical expenses and costs.

Orders

  • Award for $1,162 per week from 7 April 2014 to 5 October 2014.
  • Award for $475.30 per week from 6 October 2014 to 31 March 2015.