Yates v Centennial Mandalong Pty Ltd [2017] NSWDC 49

The plaintiff's right shoulder injury on 10 May 2015 constituted an aggravation of a pre-existing condition arising from employment, resulting in total incapacity from 7 July 2015 to 6 December 2015 and entitling him to weekly compensation and section 60 expenses.

Parties: Plaintiff: Stanley Allen Yates; Defendant: Centennial Mandalong Pty Ltd
Jurisdiction: Australia
Judgment Date: 06 February 2017
Procedural Posture: Civil / Principal Judgment
Outcome: Judgment for the plaintiff
Legal Topics: Injury Compensation, Total Incapacity, Section 60 Expenses, Aggravation of Pre Existing Injury

Workers Compensation Injury Compensation Total Incapacity Section 60 Expenses Aggravation of Pre Existing Injury

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Parties

Stanley Allen Yates

Plaintiff

Centennial Mandalong Pty Ltd

Defendant

Procedural Posture

Civil / Principal Judgment

Legal Issues

1 Whether the plaintiff's right shoulder injury arose out of or in the course of employment
2 Whether the event of 10 May 2015 caused total incapacity for the relevant period
3 Entitlement to weekly compensation and expenses under section 60 of the Workers Compensation Act 1987

Ratio Decidendi

Court Disposition

Judgment for the plaintiff

Orders

Award for the plaintiff for $1,313.80 per week from 7 July 2015 to 6 December 2015 for total incapacity.
Order the defendant to pay the plaintiff's expenses under section 60 for treatment of his right shoulder condition.