Lonnen v TG & JA Williams. [2001] NSWCC 34

Lonnen v TG & JA Williams. [2001] NSWCC 34

The applicant's right arm, left arm, neck and back conditions were diseases of gradual onset caused by his shearing employment, with incapacity resulting on 30 June 1998. His remaining earning capacity was about $200 per week against agreed pre-injury earnings of $676 per week, so the difference exceeded the statutory maximum for a man with one dependent child. The Court accepted permanent impairment and loss of use assessments sufficient to award weekly compensation at the statutory maximum, lump-sum compensation under s 66, and pain and suffering compensation under s 67.

Jurisdiction
Australia
Judgment Date
05 April 2001
Procedural Posture
Assessment of Compensation / Judgment
Outcome
Award for the applicant.
Legal Topics
['diseases of Gradual Onset' 'partial Incapacity' 'weekly Compensation' 'permanent Impairment' 'pain and Suffering' 'medical Expenses' 'costs']
['workers Compensation'] ['diseases of Gradual Onset' 'partial Incapacity' 'weekly Compensation' 'permanent Impairment' 'pain and Suffering' 'medical Expenses' 'costs']

Case Brief

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Procedural Posture

Assessment of Compensation / Judgment

Legal Issues

  1. 1 ["Whether the applicant's right arm, left arm, neck and back conditions were diseases of gradual onset enlivening s 15 of the Act." "What date should be treated as the date the applicant's incapacity resulted." 'Whether the applicant was entitled to weekly compensation for partial incapacity under s 40 and at what rate.' 'What lump-sum compensation was payable under s 66 for loss of use or permanent impairment.' 'What compensation was payable under s 67 for pain and suffering.']

Ratio Decidendi

The applicant's right arm, left arm, neck and back conditions were diseases of gradual onset caused by his shearing employment, with incapacity resulting on 30 June 1998. His remaining earning capacity was about $200 per week against agreed pre-injury earnings of $676 per week, so the difference exceeded the statutory maximum for a man with one dependent child. The Court accepted permanent impairment and loss of use assessments sufficient to award weekly compensation at the statutory maximum, lump-sum compensation under s 66, and pain and suffering compensation under s 67.

Court Disposition

Award for the applicant.

Orders

  • ['The respondent is to pay the applicant on the basis of partial incapacity the maximum statutory rate from 26 March 1999 to date and continuing for a man with one dependent child, such weekly payments to continue in accordance with the provisions of the Act.' "The respondent is to pay the applicant lump-sum...