Solari v Franklins Limited [2001] NSWCC 21

Solari v Franklins Limited [2001] NSWCC 21

The applicant sustained work-related injuries to her right arm and neck through repetitive data entry tasks in the respondent's employment, resulting in permanent impairment. Compensation should be awarded pursuant to s 66 and s 67, apportioned equally between the relevant insurers due to the periods of risk.

Parties
Applicant: Margaret Solari; Respondent: Franklins Limited
Jurisdiction
Australia
Judgment Date
26 April 2001
Procedural Posture
Workers Compensation / Judgment
Outcome
Award for the applicant
Legal Topics
Permanent Impairment, Apportionment Between Insurers, Assessment of Injury, Statutory Compensation Under S 66 and S 67
Workers Compensation Permanent Impairment Apportionment Between Insurers Assessment of Injury Statutory Compensation Under S 66 and S 67

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Parties

Margaret Solari

Applicant

Franklins Limited

Respondent

Procedural Posture

Workers Compensation / Judgment

Legal Issues

  1. 1 Whether the applicant sustained injury to her right arm and neck in the course of her employment with the respondent
  2. 2 Whether there is permanent impairment and loss of use attributable to employment
  3. 3 Apportionment of liability between insurers due to periods of coverage

Ratio Decidendi

The applicant sustained work-related injuries to her right arm and neck through repetitive data entry tasks in the respondent's employment, resulting in permanent impairment. Compensation should be awarded pursuant to s 66 and s 67, apportioned equally between the relevant insurers due to the periods of risk.

Court Disposition

Award for the applicant

Orders

  • $8000 awarded for 10 percent loss of the right arm at or above the elbow under s 66
  • $3000 awarded for 7.5 percent permanent impairment of the neck under s 66