Brind v Bayswater [2001] NSWCC 68

Brind v Bayswater [2001] NSWCC 68

The court accepted that the applicant suffered permanent impairments due to injuries arising out of his employment, but applied specific deductions for pre-existing or constitutional conditions based on medical evidence, awarding lump sum compensation amounts for injuries to his back, left leg, neck, and both arms, as well as an amount under s 67 for pain and distress.

Parties
Applicant: Raymond E Brind; Respondent: Bayswater Colliery Co Pty Limited
Jurisdiction
Australia
Judgment Date
08 December 2000
Procedural Posture
Compensation Claim / Assessment of Compensation
Outcome
compensation awarded to applicant
Legal Topics
Assessment of Compensation, Permanent Impairment, Workplace Injury, Lump Sum Compensation
Workers Compensation Assessment of Compensation Permanent Impairment Workplace Injury Lump Sum Compensation

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Parties

Raymond E Brind

Applicant

Bayswater Colliery Co Pty Limited

Respondent

Procedural Posture

Compensation Claim / Assessment of Compensation

Legal Issues

  1. 1 Applicant's entitlement to lump sum compensation for impairments or losses to back, legs, neck, arms and if appropriate, entitlement under s 67

Ratio Decidendi

The court accepted that the applicant suffered permanent impairments due to injuries arising out of his employment, but applied specific deductions for pre-existing or constitutional conditions based on medical evidence, awarding lump sum compensation amounts for injuries to his back, left leg, neck, and both arms, as well as an amount under s 67 for pain and distress.

Court Disposition

compensation awarded to applicant

Orders

  • Compensation for permanent impairment to the back at 15% minus one-third: $7,938
  • Compensation for permanent loss of use of left leg at 30% minus 50%: $14,883.75