Oliver v BHP [2001] NSWCC 12

Oliver v BHP [2001] NSWCC 12

Applicant suffered compensable back injuries resulting in partial incapacity and permanent impairment, entitling him to compensation. However, the applicant failed to establish that any incident at the Mines Rescue Station on 28 October 1998 caused his psychological condition; thus, the psychological claim fails.

Parties
Applicant: Kim Oliver; Respondent: BHP Steel (Aus) Pty Limited
Jurisdiction
Australia
Judgment Date
12 April 2001
Procedural Posture
Workers Compensation / Judgment
Outcome
Applicant partially successful
Legal Topics
Assessment of Compensation, Permanent Impairment, Psychological Injury, Loss of Earning Capacity
Workers Compensation Assessment of Compensation Permanent Impairment Psychological Injury Loss of Earning Capacity

Case Brief

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Parties

Kim Oliver

Applicant

BHP Steel (Aus) Pty Limited

Respondent

Procedural Posture

Workers Compensation / Judgment

Legal Issues

  1. 1 Whether applicant suffered compensable injuries to his back and psychological injury arising out of employment
  2. 2 Assessment of permanent impairment and entitlement to compensation for back injury
  3. 3 Whether psychological condition was caused by employment events

Ratio Decidendi

Applicant suffered compensable back injuries resulting in partial incapacity and permanent impairment, entitling him to compensation. However, the applicant failed to establish that any incident at the Mines Rescue Station on 28 October 1998 caused his psychological condition; thus, the psychological claim fails.

Court Disposition

Applicant partially successful

Orders

  • Award under former s 11(1) at $175 per week from 14 April 1999 to 31 August 2000 and $165 per week from 1 September 2000 to date and continuing
  • Finding of 20% permanent impairment of back less deductible proportion of 40% ($9,525.60) under s 66