Rutledge v Mining Concepts Pty. Limited formerly known as Colrok Constructions Pty Ltd & Anor [2022] NSWDC 253

Rutledge v Mining Concepts Pty. Limited formerly known as Colrok Constructions Pty Ltd & Anor [2022] NSWDC 253

There was no evidence of contemporaneous complaint of knee problems during the plaintiff's employment in the NSW coal mining industry, and the medical evidence supports the conclusion that the bilateral knee osteoarthritis was familial and degenerative, not work-related. Consequently, the plaintiff would be unsuccessful in claiming the cost of his knee replacements from the defendants. The redemption of liability for compensation is therefore reasonable and approved.

Parties
Plaintiff: Patrick Rutledge; First Defendant: Mining Concepts Pty. Limited formerly known as Colrok Constructions Pty Ltd; Second Defendant: Ground Consolidation Pty Ltd formerly known as Heldod Pty. Limited
Jurisdiction
Australia
Judgment Date
23 June 2022
Procedural Posture
Compensation Civil / Redemption Application Approval
Outcome
Redemption application approved by consent.
Legal Topics
Coal Miners, Redemption, Special Statutory Compensation
Compensation Law Workers Compensation Coal Miners Redemption Special Statutory Compensation

Case Brief

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Parties

Patrick Rutledge

Plaintiff

Mining Concepts Pty. Limited formerly known as Colrok Constructions Pty Ltd

First Defendant

Ground Consolidation Pty Ltd formerly known as Heldod Pty. Limited

Second Defendant

Procedural Posture

Compensation Civil / Redemption Application Approval

Legal Issues

  1. 1 Whether the plaintiff's bilateral knee replacements are compensable as arising out of his employment in the NSW coal mining industry.
  2. 2 Whether the defendants are liable to pay for the surgery to the plaintiff's knees under section 60 of the Workers Compensation Act 1987 (NSW).

Ratio Decidendi

There was no evidence of contemporaneous complaint of knee problems during the plaintiff's employment in the NSW coal mining industry, and the medical evidence supports the conclusion that the bilateral knee osteoarthritis was familial and degenerative, not work-related. Consequently, the plaintiff would be unsuccessful in claiming the cost of his knee replacements from the defendants. The redemption of liability for compensation is therefore reasonable and approved.

Court Disposition

Redemption application approved by consent.

Orders

  • Redemption in the sum of $40,000 approved, removing defendants' future liability to pay for the plaintiff's hospital, medical and like expenses pursuant to section 60 of the Workers Compensation Act 1987 (NSW).
  • Orders made in accordance with short minutes of order.