Cornwell v Redishear [2001] NSWCC 70

Cornwell v Redishear [2001] NSWCC 70

The Court accepted the uncontradicted specialist evidence of the operating neurosurgeon that the applicant's spondylosis was a disease of gradual onset aggravated and exacerbated by the nature and conditions of his employment as a shearer. The evidence overwhelmingly established permanent impairment of the back and loss of use of the right leg. Because the impairment was affected by pre-existing degenerative spondylosis, a 10 per cent deduction under s 68A was applied, leaving compensable back impairment of 18:100 and loss of efficient use of the right leg of 13.5 per cent. Those losses, together with the applicant's continuing pain, restrictions, reduced lifestyle, distress and anxiety,...

Jurisdiction
Australia
Judgment Date
02 April 2001
Procedural Posture
Workers Compensation Claim for Lump Sum Compensation / Ex Tempore Judgment After Hearing
Outcome
Awards and orders made in the applicant's favour; matter listed for mention for further directions in relation to third party proceedings.
Legal Topics
['assessment of Compensation' 'permanent Impairment of the Back' 'loss of Efficient Use of the Right Leg' 'pain and Suffering' 'deduction for Pre Existing Condition' 'aggravation or Acceleration of Spondylosis']
['workers Compensation'] ['assessment of Compensation' 'permanent Impairment of the Back' 'loss of Efficient Use of the Right Leg' 'pain and Suffering' 'deduction for Pre Existing Condition' 'aggravation or Acceleration of Spondylosis']

Case Brief

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Procedural Posture

Workers Compensation Claim for Lump Sum Compensation / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ['Whether the applicant suffered permanent impairment of the back and loss of the efficient use of the right leg as a result of aggravation or acceleration of spondylosis in the course of employment with the respondent.' 'Whether a deduction should be made under s 68A for the pre-existing condition of spondylosis.' 'What awards should be made under ss 66 and 67.']

Ratio Decidendi

The Court accepted the uncontradicted specialist evidence of the operating neurosurgeon that the applicant's spondylosis was a disease of gradual onset aggravated and exacerbated by the nature and conditions of his employment as a shearer. The evidence overwhelmingly established permanent impairment of the back and loss of use of the right leg. Because the impairment was affected by pre-existing degenerative spondylosis, a 10 per cent deduction under s 68A was applied, leaving compensable back impairment of 18:100 and loss of efficient use of the right leg of 13.5 per cent. Those losses, together with the applicant's continuing pain, restrictions, reduced lifestyle, distress and anxiety,...

Court Disposition

Awards and orders made in the applicant's favour; matter listed for mention for further directions in relation to third party proceedings.

Orders

  • ['Award for lump sum compensation pursuant to s 66 in respect of permanent impairment of the back for $10800.' 'Award for lump sum compensation pursuant to s 66 in respect of permanent loss of the efficient use of the right leg at or above the knee for $10125.' 'Award pursuant to s 67 for $16666.' "The respondent is...