Bartley v Industrial Galvanising Corp Pty Ltd [2001] NSWCC 98

Bartley v Industrial Galvanising Corp Pty Ltd [2001] NSWCC 98

The applicant sustained a compensable right shoulder injury on 16 September 1996 causing a 5 per cent loss of efficient use of the right arm at or above the elbow. His right foot condition involved an underlying constitutional problem, but the work conditions, particularly prolonged standing and wearing the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 April 2001
Procedural Posture
Workers Compensation Claim / Ex Tempore Judgment After Hearing
Outcome
Applicant partly successful; awards made for weekly compensation, lump sum compensation for right arm and right foot loss, and right foot treatment expenses, with costs ordered against the applicant.
Legal Topics
['weekly Payments' 'partial Incapacity' 'lump Sum Compensation' 'loss of Efficient Use' 'aggravation of Constitutional Condition' 'medical Expenses' 'costs']
['workers Compensation'] ['weekly Payments' 'partial Incapacity' 'lump Sum Compensation' 'loss of Efficient Use' 'aggravation of Constitutional Condition' 'medical Expenses' 'costs']

Source-derived case record

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Procedural Posture

Workers Compensation Claim / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ['Whether the applicant had a compensable loss of efficient use of his right arm at or above the elbow as a consequence of the injury on 16 September 1996.' "Whether the applicant's right foot condition was caused or aggravated by his employment, including prolonged standing and wearing work boots." 'Whether any deductible proportion under s 68A applied to the right foot loss because of an underlying constitutional condition.' 'Whether the applicant had partial incapacity resulting in reduced earning capacity after termination of his employment.' 'Whether the respondent was liable for expenses under s 60 for treatment of the right foot condition.']

Ratio Decidendi

The applicant sustained a compensable right shoulder injury on 16 September 1996 causing a 5 per cent loss of efficient use of the right arm at or above the elbow. His right foot condition involved an underlying constitutional problem, but the work conditions, particularly prolonged standing and wearing the exhibited work boots, permanently exacerbated it; the resulting 10 per cent loss of efficient use of the right foot was reduced by 50 per cent under s 68A, leaving a compensable 5 per cent loss. The shoulder did not produce economic incapacity, but the right foot condition caused partial incapacity between 29 October 1999 and 13 June 2000, assessed by reference to the difference...

Court Disposition

Applicant partly successful; awards made for weekly compensation, lump sum compensation for right arm and right foot loss, and right foot treatment expenses, with costs ordered against the applicant.

Orders

  • ['Award for the applicant for $126.30 per week from 29 October 1999 to 30 June 2000 pursuant to s 40.' "Award for the applicant of $4,000 for 5 per cent loss of efficient use of the applicant's right arm at or above the elbow." "Award for the applicant for $3,250 for 5 per cent loss of efficient use of the...