McDonald v Warkworth [2001] NSWCC 120

Compensation is awarded based on credible evidence of injury arising from employment, taking into account the medical opinions on impairment, the degree of loss of use, and applying a ten per cent deductible proportion under s 68A due to conflicting medical reports; lump sums and weekly payments granted for back and leg injuries as specified.

Parties: Applicant: Stephen G McDonald; Respondent: Warkworth Mining Ltd
Jurisdiction: Australia
Judgment Date: 30 May 2001
Procedural Posture: Compensation Claim / Assessment of Compensation
Outcome: Compensation awarded to applicant; respondent to pay applicant's costs.
Legal Topics: Assessment of Permanent Impairment, Calculation of Lump Sum Compensation, Weekly Payments, Application of S 68 a

Workers Compensation Assessment of Permanent Impairment Calculation of Lump Sum Compensation Weekly Payments Application of S 68 a

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 5

Parties

Stephen G McDonald

Applicant

Warkworth Mining Ltd

Respondent

Procedural Posture

Compensation Claim / Assessment of Compensation

Legal Issues

1 Entitlement to weekly payments for partial incapacity
2 Assessment of permanent impairment and loss of use for injuries to back and legs
3 Deductible proportion for pre-existing condition under s 68A

Ratio Decidendi

Court Disposition

Compensation awarded to applicant; respondent to pay applicant's costs.

Orders

Award under s 40 at the rate of $92 per week from 4 August 2000 to 12 January 2001.
Lump sum under s 66 for 25% impairment of back, less 10% deductible proportion: $17,860.