Mackenzie v Ulan Coal Mines Limited [2015] NSWDC 342

Mackenzie v Ulan Coal Mines Limited [2015] NSWDC 342

The plaintiff suffered exacerbation of original work injury resulting in partial incapacity; as the employer failed to provide suitable duties during the closed period, s 11(2) applied, deeming plaintiff totally incapacitated and entitled to weekly payments and ongoing expenses.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 November 2015
Procedural Posture
Civil / Principal Judgment
Outcome
Award for plaintiff
Legal Topics
['coal Miners' 'weekly Payments' 'partial Incapacity' 'total Incapacity' 'hospital and Medical Expenses' 'injury Causation' 'need for Surgery']
['workers Compensation'] ['coal Miners' 'weekly Payments' 'partial Incapacity' 'total Incapacity' 'hospital and Medical Expenses' 'injury Causation' 'need for Surgery']

Source-derived case record

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ['Whether plaintiff was incapacitated in closed period' 'Cause of incapacity' 'Whether there is need for operative treatment for left shoulder injury' 'Whether need for future surgery causally related to work injury']

Ratio Decidendi

The plaintiff suffered exacerbation of original work injury resulting in partial incapacity; as the employer failed to provide suitable duties during the closed period, s 11(2) applied, deeming plaintiff totally incapacitated and entitled to weekly payments and ongoing expenses.

Court Disposition

Award for plaintiff

Orders

  • ['$1,064.35 per week from 19 August 2014 to 17 February 2015' '$475.70 per week from 18 February 2015 to 31 March 2015' '$481.90 per week from 1 April 2015 to 28 April 2015' "Defendant to pay plaintiff's hospital, medical and like expenses, continuing" "Defendant to pay plaintiff's costs"]