Jamieson v Readiskill Pty Limited [2001] NSWCC 32

Jamieson v Readiskill Pty Limited [2001] NSWCC 32

The applicant suffered a workplace injury to his right hand on 4 November 1998 arising out of and in the course of employment, resulting in a 15% permanent loss of efficient use of the hand and ongoing partial incapacity. Compensation is awarded for loss of earning capacity, permanent impairment under s 66, and pain and suffering under s 67, based on medical evidence and factual findings regarding post-injury capacity.

Jurisdiction
Australia
Judgment Date
18 April 2001
Procedural Posture
Workers Compensation Application / Judgment
Outcome
Applicant awarded weekly compensation and lump sums for permanent impairment and pain and suffering; respondent to pay costs.
Legal Topics
['lump Sum Compensation' 'weekly Payments' 'permanent Impairment' 'loss of Earning Capacity']
['workers Compensation'] ['lump Sum Compensation' 'weekly Payments' 'permanent Impairment' 'loss of Earning Capacity']

Case Brief

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Procedural Posture

Workers Compensation Application / Judgment

Legal Issues

  1. 1 ['Extent of permanent impairment to the right hand' "Applicant's capacity to work after injury" 'Appropriate level of compensation under relevant statutory provisions']

Ratio Decidendi

The applicant suffered a workplace injury to his right hand on 4 November 1998 arising out of and in the course of employment, resulting in a 15% permanent loss of efficient use of the hand and ongoing partial incapacity. Compensation is awarded for loss of earning capacity, permanent impairment under s 66, and pain and suffering under s 67, based on medical evidence and factual findings regarding post-injury capacity.

Court Disposition

Applicant awarded weekly compensation and lump sums for permanent impairment and pain and suffering; respondent to pay costs.

Orders

  • ['Weekly compensation at $248.07 per week from 1 July 1999 to date and continuing under s 40.' 'Lump sum of $10,500 under s 66 for 15% permanent loss of efficient use of right hand.' 'Lump sum of $10,000 under s 67 for pain and suffering.' "Respondent to pay the applicant's costs."]