Jurd v Elcom Collieries Pty Ltd & Ors [2017] NSWDC 42

Jurd v Elcom Collieries Pty Ltd & Ors [2017] NSWDC 42

The plaintiff is entitled to lump sum compensation for impairment and loss of use of specific body parts, as a result of injuries and degenerative disease attributable to the nature and conditions of his long-term employment as a coal miner, with liability resting primarily on the last employer. Awards are calculated according to accepted medical evidence, deducting statutory proportions for pre-existing or underlying conditions where appropriate.

Jurisdiction
Australia
Judgment Date
10 February 2017
Procedural Posture
Workers Compensation / Civil / Judgment
Outcome
Awards made in favour of the plaintiff against the fourth and eighth defendants; costs orders made; other defendants have awards in their favour.
Legal Topics
['coal Miners’ Injuries' 'lump Sum Compensation' 'degenerative Disease' 'liability of Employers' 'compensation for Pain and Suffering']
['workers Compensation' 'personal Injury'] ['coal Miners’ Injuries' 'lump Sum Compensation' 'degenerative Disease' 'liability of Employers' 'compensation for Pain and Suffering']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Workers Compensation / Civil / Judgment

Legal Issues

  1. 1 ["Extent of plaintiff's permanent impairment and loss of use of specified body parts" 'Attribution of injuries and impairments to employment with specific employers' 'Proper assessment of lump sum compensation under Workers Compensation Act 1987 ss 66 and 67' 'Apportionment of liability between multiple employers']

Ratio Decidendi

The plaintiff is entitled to lump sum compensation for impairment and loss of use of specific body parts, as a result of injuries and degenerative disease attributable to the nature and conditions of his long-term employment as a coal miner, with liability resting primarily on the last employer. Awards are calculated according to accepted medical evidence, deducting statutory proportions for pre-existing or underlying conditions where appropriate.

Court Disposition

Awards made in favour of the plaintiff against the fourth and eighth defendants; costs orders made; other defendants have awards in their favour.

Orders

  • ['Award for the plaintiff against the fourth defendant for $8,599.50 for 10% loss of efficient use of the right foot (injury of 23 April 2002).' 'Awards for the plaintiff against the eighth defendant: $7,144.20 for 13.5% impairment of the neck; $10,716.30 for 13.5% impairment of the back; $21,168.00 for 20% loss of...