Cailotto v Qantas Airways Limited [2001] NSWCC 42

Cailotto v Qantas Airways Limited [2001] NSWCC 42

The applicant's evidence was accepted. The traumatic amputation to the tip of his left thumb occurred in the course of employment on 27 April 1999, and the mechanism of jerking to free the thumb was consistent with musculoligamentous strain injury to the neck and more probably than not some strain injury of the left arm and shoulder. There was insufficient evidence of right shoulder injury caused by employment. Prior shoulder or neck incidents did not produce loss or impairment, so no s 68A deduction was made. The pre-injury work was unsuitable because of continuing pain, left thumb deformity, loss of grip and left shoulder problems, but the applicant retained earning capacity of $500 per...

Jurisdiction
Australia
Judgment Date
01 February 2001
Procedural Posture
Workers Compensation Claim / Ex Tempore Judgment
Outcome
Award for the applicant for weekly compensation, permanent impairment compensation, pain and suffering compensation, medical expenses, interest and costs.
Legal Topics
['incapacity for Work' 'permanent Impairment' 'pain and Suffering Compensation' 'workplace Injury' 'section 40 Weekly Compensation' 'section 66 Compensation' 'section 67 Compensation' 'section 68 a Deduction']
['workers Compensation'] ['incapacity for Work' 'permanent Impairment' 'pain and Suffering Compensation' 'workplace Injury' 'section 40 Weekly Compensation' 'section 66 Compensation' 'section 67 Compensation' 'section 68 a Deduction']

Case Brief

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Procedural Posture

Workers Compensation Claim / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the applicant sustained compensable injury to his left thumb, neck, left shoulder and right shoulder in the course of employment on 27 April 1999.' 'Whether the applicant had incapacity as a result of the injury and the quantum of any losses claimed.' 'Whether any deduction should be made pursuant to s 68A.' 'What amounts should be awarded under s 40, s 66 and s 67.']

Ratio Decidendi

The applicant's evidence was accepted. The traumatic amputation to the tip of his left thumb occurred in the course of employment on 27 April 1999, and the mechanism of jerking to free the thumb was consistent with musculoligamentous strain injury to the neck and more probably than not some strain injury of the left arm and shoulder. There was insufficient evidence of right shoulder injury caused by employment. Prior shoulder or neck incidents did not produce loss or impairment, so no s 68A deduction was made. The pre-injury work was unsuitable because of continuing pain, left thumb deformity, loss of grip and left shoulder problems, but the applicant retained earning capacity of $500 per...

Court Disposition

Award for the applicant for weekly compensation, permanent impairment compensation, pain and suffering compensation, medical expenses, interest and costs.

Orders

  • ['Award pursuant to s 40 of $300 per week from 30 March 2000 to date and continuing.' 'Award pursuant to s 66 of $15,000 in respect of 20 per cent loss of the left arm at or above the elbow.' 'Award pursuant to s 66 of $2,000 in respect of 5 per cent permanent impairment of the neck in comparison to a most extreme...