Welsh v Elcom Collieries Pty Ltd & Ors [2017] NSWDC 417

Welsh v Elcom Collieries Pty Ltd & Ors [2017] NSWDC 417

The plaintiff established, on the balance of probabilities, partial incapacity for work and specified permanent impairments causally linked to employment at Newstan Colliery; statutory awards and deductions apply; the third defendant is liable for compensation according to findings of impairment and pain and suffering.

Parties
Plaintiff: Robert William Welsh; First Defendant: Elcom Collieries Pty Ltd; Second Defendant: Powercoal Pty Ltd; Third Defendant: Centennial Newstan Pty Ltd
Jurisdiction
Australia
Judgment Date
29 November 2017
Procedural Posture
Workers Compensation / Civil / Judgment and Orders After Hearing
Outcome
Award for the plaintiff against the third defendant. Orders made for compensation, pain and suffering, and costs.
Legal Topics
Calculation of Weekly Payments After Redundancy, Lump Sum Compensation for Impairment, Causation for Injury in Workplace, Pain and Suffering Award, Assessment of Medical Evidence
Workers Compensation Personal Injury Calculation of Weekly Payments After Redundancy Lump Sum Compensation for Impairment Causation for Injury in Workplace Pain and Suffering Award Assessment of Medical Evidence

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Parties

Robert William Welsh

Plaintiff

Elcom Collieries Pty Ltd

First Defendant

Powercoal Pty Ltd

Second Defendant

Centennial Newstan Pty Ltd

Third Defendant

Procedural Posture

Workers Compensation / Civil / Judgment and Orders After Hearing

Legal Issues

  1. 1 Entitlement to weekly compensation after redundancy for partial incapacity
  2. 2 Assessment and quantification of permanent impairment to neck, back, right arm, right and left legs
  3. 3 Causation of injuries to employment

Ratio Decidendi

The plaintiff established, on the balance of probabilities, partial incapacity for work and specified permanent impairments causally linked to employment at Newstan Colliery; statutory awards and deductions apply; the third defendant is liable for compensation according to findings of impairment and pain and suffering.

Court Disposition

Award for the plaintiff against the third defendant. Orders made for compensation, pain and suffering, and costs.

Orders

  • Award under s 11(1) and order under s 60 Workers Compensation Act 1987.
  • Award for plaintiff against third defendant pursuant to s 66 for: $4,762.80 (9% neck), $14,288.40 (80% back), $15,876 (15% right arm at or above elbow), $8,930.25 (9% right leg at or above knee), $8,930.25 (9% left leg at or above knee).