Charles Opie v Rail Services Australia and State Rail Authority of New South Wales [2001] NSWCC 161

Charles Opie v Rail Services Australia and State Rail Authority of New South Wales [2001] NSWCC 161

The applicant sustained total loss of his right index finger, causatively contributed to by two workplace incidents; liability for compensation, medical expenses, and costs apportioned between the incidents of 22 January 1990 and 30 October 1997 at 80 percent and 20 percent respectively.

Jurisdiction
Australia
Judgment Date
07 February 2001
Procedural Posture
Compensation Claim / Judgment
Outcome
compensation awarded and liability apportioned
Legal Topics
['assessment of Compensation' 'apportionment of Liability' 'work Injury' 'loss of Limb' 'medical Expenses' 'pain and Suffering']
['workers Compensation'] ['assessment of Compensation' 'apportionment of Liability' 'work Injury' 'loss of Limb' 'medical Expenses' 'pain and Suffering']

Case Brief

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Procedural Posture

Compensation Claim / Judgment

Legal Issues

  1. 1 ['Whether lump-sum compensation is payable for loss of right index finger' 'The proper apportionment of liability between two work-related incidents' 'Assessment of medical expenses and pain and suffering']

Ratio Decidendi

The applicant sustained total loss of his right index finger, causatively contributed to by two workplace incidents; liability for compensation, medical expenses, and costs apportioned between the incidents of 22 January 1990 and 30 October 1997 at 80 percent and 20 percent respectively.

Court Disposition

compensation awarded and liability apportioned

Orders

  • ['Award against first respondent in sum of $21,000' 'Award against first respondent pursuant to s 67 in sum of $12,000' 'Liability apportioned between incidents at 80 percent and 20 percent' "First respondent to pay applicant's medical expenses, apportioned at 80 percent and 20 percent" "First respondent to pay...