Brownlee v Gillespie Cranes [2001] NSWCC 56

Brownlee v Gillespie Cranes [2001] NSWCC 56

The applicant was agreed to be unfit for rigging work, but was capable of earning about $550 per week in suitable employment, while he would probably have earned about $850 per week if uninjured. Taking those matters and other discretionary factors into account under s 40, the proper weekly compensation was $280 per week from 13 February 1998 and continuing.

Jurisdiction
Australia
Judgment Date
24 April 2001
Procedural Posture
Workers Compensation Claim / Assessment of Compensation
Outcome
Award in favour of the applicant.
Legal Topics
['assessment of Compensation' 'weekly Compensation' 'work Injury' 'suitable Employment' 'medical Expenses']
['workers Compensation'] ['assessment of Compensation' 'weekly Compensation' 'work Injury' 'suitable Employment' 'medical Expenses']

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Procedural Posture

Workers Compensation Claim / Assessment of Compensation

Legal Issues

  1. 1 ['Whether the applicant was entitled to weekly compensation under s 40 from 13 February 1998.' "What amount should be awarded for the applicant's incapacity, taking into account his probable earnings but for injury and his ability to earn in suitable employment."]

Ratio Decidendi

The applicant was agreed to be unfit for rigging work, but was capable of earning about $550 per week in suitable employment, while he would probably have earned about $850 per week if uninjured. Taking those matters and other discretionary factors into account under s 40, the proper weekly compensation was $280 per week from 13 February 1998 and continuing.

Court Disposition

Award in favour of the applicant.

Orders

  • ['Award under s 40 in the sum of $280 per week from 13 February 1998 to date and continuing.' 'Award in favour of the applicant for s 60 expenses.' 'Award in favour of the applicant for costs.']