Butt v Liebherr Australia Pty Limited [2015] NSWDC 3

A worker exclusively employed at a specific coal mine and injured during a periodic journey to that mine qualifies as a 'worker employed in or about a mine' under Sch 6 Pt 18 of the Workers Compensation Act 1987, entitling him to coal miner benefits for compensation purposes, notwithstanding injury occurred...

Source-derived case information.

Parties: Plaintiff: Stanley George Butt; Defendant: Liebherr Australia Pty Limited
Jurisdiction: Australia
Judgment Date: 02 February 2015
Procedural Posture: Workers Compensation Proceeding / Principal Judgment/decision After Hearing
Outcome: Award for the plaintiff.
Legal Topics: Coal Mine Workers Benefits, Journey Claims, Permanent Impairment Assessment, Statutory Interpretation – 'worker Employed in or About a Mine'

Workers Compensation Law Employment Law Coal Mine Workers Benefits Journey Claims Permanent Impairment Assessment Statutory Interpretation – 'worker Employed in or About a Mine'

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Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 24 Party arguments 2 Amounts and remedies 4

Parties

Stanley George Butt

Plaintiff

Liebherr Australia Pty Limited

Defendant

Procedural Posture

Workers Compensation Proceeding / Principal Judgment/decision After Hearing

Legal Issues

1 Whether the plaintiff qualifies as a 'coal miner' entitled to journey provisions and coal miner benefits under Sch 6 Pt 18 of the Workers Compensation Act 1987 when injured travelling to work at a coal mine
2 How to assess permanent impairment and apportionment in the context of pre-existing conditions for workers compensation purposes

Ratio Decidendi

Court Disposition

Award for the plaintiff.

Orders

Award of $5,715.40 for 10.8% impairment of neck.
Award of $7,408.80 for 7% loss of efficient use of right arm at or above the elbow.

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