Brace v Franklins Ltd [2001] NSWCC 35

Brace v Franklins Ltd [2001] NSWCC 35

The Court accepted Mrs Brace as a truthful witness and accepted her complaints of pain. Having regard to her evidence and the medical evidence, the Court was satisfied that she suffered a 15 per cent permanent impairment of her dominant right arm at or above the elbow, caused by the March 1993 lifting injury, warranting lump sum compensation under s 66 and qualifying her for pain and suffering compensation under s 67 assessed at 10 per cent of a most extreme case.

Jurisdiction
Australia
Judgment Date
28 March 2001
Procedural Posture
Assessment of Compensation / Ex Tempore Judgment
Outcome
Award for the applicant.
Legal Topics
['assessment of Compensation' 'permanent Impairment' 'pain and Suffering' 'medical Expenses' 'costs' 'interest']
['workers Compensation'] ['assessment of Compensation' 'permanent Impairment' 'pain and Suffering' 'medical Expenses' 'costs' 'interest']

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Procedural Posture

Assessment of Compensation / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the applicant sustained the injury in the manner alleged, by lifting boxes in March 1993.' 'Whether the applicant suffered permanent impairment of the right arm at or above the elbow and the extent of that impairment.' 'Whether the applicant was entitled to lump sum compensation under s 66, pain and suffering compensation under s 67, s 60 expenses, interest and costs.']

Ratio Decidendi

The Court accepted Mrs Brace as a truthful witness and accepted her complaints of pain. Having regard to her evidence and the medical evidence, the Court was satisfied that she suffered a 15 per cent permanent impairment of her dominant right arm at or above the elbow, caused by the March 1993 lifting injury, warranting lump sum compensation under s 66 and qualifying her for pain and suffering compensation under s 67 assessed at 10 per cent of a most extreme case.

Court Disposition

Award for the applicant.

Orders

  • ['The respondent pay the applicant $12,000 as lump sum compensation under s 66 in respect of 15 per cent permanent loss of the efficient use of her right arm above the elbow.' 'The respondent pay the applicant $5,000 in respect of pain and suffering under s 67, being 10 per cent of a most extreme case.' "The...