Downes v Namoi Mining [2001] NSWCC 15

Downes v Namoi Mining [2001] NSWCC 15

The applicant's neck, right arm, back and right leg conditions were related to significant work incidents and to the general nature and conditions of his mining employment. Although there was pre-existing abnormality requiring a s 68A deduction, a 20 per cent deductible proportion was appropriate. The Court assessed permanent impairments and losses, found the s 67 threshold met, fixed comparable earnings at $1,000 per week and ability to earn at $581 per week, and awarded weekly and lump sum compensation accordingly.

Jurisdiction
Australia
Judgment Date
01 March 2001
Procedural Posture
Assessment of Compensation / Ex Tempore Judgment
Outcome
Award made in favour of the applicant.
Legal Topics
['weekly Compensation' 'lump Sum Compensation' 'permanent Impairment' 'deductible Proportion' 'pain and Suffering' 'earning Capacity']
['workers Compensation'] ['weekly Compensation' 'lump Sum Compensation' 'permanent Impairment' 'deductible Proportion' 'pain and Suffering' 'earning Capacity']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Assessment of Compensation / Ex Tempore Judgment

Legal Issues

  1. 1 ["The extent of the applicant's impairments or losses to his neck, back, right arm and right leg." 'Whether a deductible proportion should be established and applied under s 68A.' 'Whether pain and suffering compensation under s 67 was available and, if so, in what amount.' 'The appropriate comparable earning figure after the shutdown of the mine.' "The applicant's current ability to earn and whether any discretionary matters affected weekly compensation."]

Ratio Decidendi

The applicant's neck, right arm, back and right leg conditions were related to significant work incidents and to the general nature and conditions of his mining employment. Although there was pre-existing abnormality requiring a s 68A deduction, a 20 per cent deductible proportion was appropriate. The Court assessed permanent impairments and losses, found the s 67 threshold met, fixed comparable earnings at $1,000 per week and ability to earn at $581 per week, and awarded weekly and lump sum compensation accordingly.

Court Disposition

Award made in favour of the applicant.

Orders

  • ['The applicant received injury to his neck and right arm on 5 March 1992 and due to the nature and conditions of his employment to 13 April 2000.' 'The applicant received injury to his back and right leg on 3 August 1989 and due to the nature and conditions of his employment to 13 April 2000.' 'At all relevant...