Macie J Pilch v Monier Sukkar & Wojch Czyz & WorkCover & A & L Souma [2001] NSWCC 62

Macie J Pilch v Monier Sukkar & Wojch Czyz & WorkCover & A & L Souma [2001] NSWCC 62

The applicant was injured in the employ of the second respondent on 22 August 1995, and sustained further aggravation of injury in employ of the fourth respondent on 19 February 1997. Injury and permanent impairment are established, with liability apportioned at 60% to the first/second respondents and 40% to the fourth respondent. Compensation, medical expenses, and costs are ordered against appropriate parties, with no deduction for pre-existing condition.

Jurisdiction
Australia
Judgment Date
12 April 2001
Procedural Posture
Workers Compensation / Judgment
Outcome
Applicant succeeds in claim. Compensation and orders made.
Legal Topics
['injury' 'pre Existing Condition' 'apportionment']
['workers Compensation'] ['injury' 'pre Existing Condition' 'apportionment']

Case Brief

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Procedural Posture

Workers Compensation / Judgment

Legal Issues

  1. 1 ['Whether incidents occurred at work in August 1995 and February 1997 resulting in injury to applicant.' 'Whether injuries caused permanent impairment/loss to applicant.' 'Application of s 20 (principal and contractor liability), s 66 (lump sum compensation), s 67 (pain and suffering), s 68A (pre-existing condition deduction), and s 22 (apportionment) of the Workers Compensation Act.' 'Quantification of weekly and lump sum compensation.']

Ratio Decidendi

The applicant was injured in the employ of the second respondent on 22 August 1995, and sustained further aggravation of injury in employ of the fourth respondent on 19 February 1997. Injury and permanent impairment are established, with liability apportioned at 60% to the first/second respondents and 40% to the fourth respondent. Compensation, medical expenses, and costs are ordered against appropriate parties, with no deduction for pre-existing condition.

Court Disposition

Applicant succeeds in claim. Compensation and orders made.

Orders

  • ['Award against the fourth respondent from 20 February 1997 to 19 August 1997 in the sum of $650 per week.' 'Award against the fourth respondent from 20 August 1997 to date and continuing in the sum of $256.40 per week as adjusted.' 'Award against fourth respondent, pursuant to s 66, in the sum of $19,500.' 'Award...