Faichney v Sowter Transport Pty Ltd [2001] NSWCC 142

Faichney v Sowter Transport Pty Ltd [2001] NSWCC 142

The applicant proved that the work-related collision caused injuries to his neck, thoracic spine and left shoulder. The Court assessed permanent impairment of the neck at 20 per cent of a most extreme case with a one-tenth deductible proportion, permanent impairment of the back at 5 per cent of a most extreme case...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 February 2001
Procedural Posture
Claim for Lump Sum Workers Compensation for Injuries Arising Out of Employment / Ex Tempore Judgment After Hearing
Outcome
Award for the applicant for lump sum compensation and costs.
Legal Topics
['lump Sum Compensation' 'permanent Impairment' 'deductible Proportion' 'pain and Suffering' 'work Related Motor Vehicle Collision']
['workers Compensation' 'personal Injury'] ['lump Sum Compensation' 'permanent Impairment' 'deductible Proportion' 'pain and Suffering' 'work Related Motor Vehicle Collision']

Source-derived case record

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Procedural Posture

Claim for Lump Sum Workers Compensation for Injuries Arising Out of Employment / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ['Whether the applicant suffered injuries to his neck, thoracic spine and left shoulder on 13 March 1998 arising out of and in the course of employment with the respondent.' 'The degree of permanent impairment of the neck, back and left arm at or above the elbow.' 'Whether any deductible proportion should be applied under s 68A for pre-existing or constitutional factors.' 'The appropriate award under s 67 for pain and suffering.']

Ratio Decidendi

The applicant proved that the work-related collision caused injuries to his neck, thoracic spine and left shoulder. The Court assessed permanent impairment of the neck at 20 per cent of a most extreme case with a one-tenth deductible proportion, permanent impairment of the back at 5 per cent of a most extreme case with a one-tenth deductible proportion, and permanent loss of efficient use of the left arm at or above the elbow at 25 per cent without a deductible proportion. A s 67 award of 25 per cent of the $50,000 most extreme case amount was appropriate.

Court Disposition

Award for the applicant for lump sum compensation and costs.

Orders

  • ['The applicant suffered injury to his neck and shoulder and thoracic spine on 13 March 1998 arising out of the course of his employment with the respondent.' 'As a result of the injury the applicant suffered permanent impairment of the neck, being 20 per cent of a most extreme case with a deductible proportion of...