Harding v Transfield Pty Ltd [2003] NSWCC 3

Harding v Transfield Pty Ltd [2003] NSWCC 3

The applicant suffered injury arising out of and in the course of employment on 21 August 1999, causing partial incapacity from 22 June 2000 and continuing. The medical evidence supported a 20 per cent permanent loss of use of the left leg at or above the knee, reduced by a 5 per cent s 68A deduction for pre-existing degenerative changes, leaving a compensable 15 per cent loss under s 66 and crossing the s 67 threshold. For s 40, the applicant's probable earnings but for injury were $1,863.90 per week subject to statutory caps, and his ability to earn in suitable employment was $800 per week; applying discretionary factors, his net weekly entitlement was $200 per week.

Jurisdiction
Australia
Judgment Date
10 March 2003
Procedural Posture
Workers Compensation Application / Ex Tempore Judgment
Outcome
Award for the applicant.
Legal Topics
['work Injury' 'weekly Payments of Compensation' 'permanent Loss of Use' 'pain and Suffering' 'medical Expenses' 'partial Incapacity for Work']
['workers Compensation'] ['work Injury' 'weekly Payments of Compensation' 'permanent Loss of Use' 'pain and Suffering' 'medical Expenses' 'partial Incapacity for Work']

Case Brief

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Procedural Posture

Workers Compensation Application / Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether the applicant was incapacitated for work as a result of the left leg injury sustained in the respondent's employment on 21 August 1999." "The quantum of the applicant's entitlement under s 66 for permanent loss of use of the left leg at or above the knee." 'Whether and in what amount the applicant was entitled to a lump sum under s 67 for pain and suffering.' 'The amount of weekly compensation payable under s 40, including probable earnings but for injury and ability to earn in suitable employment.']

Ratio Decidendi

The applicant suffered injury arising out of and in the course of employment on 21 August 1999, causing partial incapacity from 22 June 2000 and continuing. The medical evidence supported a 20 per cent permanent loss of use of the left leg at or above the knee, reduced by a 5 per cent s 68A deduction for pre-existing degenerative changes, leaving a compensable 15 per cent loss under s 66 and crossing the s 67 threshold. For s 40, the applicant's probable earnings but for injury were $1,863.90 per week subject to statutory caps, and his ability to earn in suitable employment was $800 per week; applying discretionary factors, his net weekly entitlement was $200 per week.

Court Disposition

Award for the applicant.

Orders

  • ['$200 per week from 22nd June 2000 to date and continuing under s 40.' "Respondent to pay applicant's medical and like expenses under s 60." '$11,250 under s 66 for a 15 per cent permanent loss of use of left leg at or above knee.' '$10,000 under s 67 for pain and suffering.' "Respondent to pay applicant's costs....