Roberts v Centennial Myuna Pty Ltd [2017] NSWDC 413

Roberts v Centennial Myuna Pty Ltd [2017] NSWDC 413

The plaintiff's long underground coal mining work caused or materially contributed to degenerative impairment of his back and shoulders and partial incapacity. Allowing for a statutory deduction for underlying degeneration in the back and deducting previously awarded arm losses and the prior s 67 payment, the plaintiff was entitled to weekly payments for partial incapacity and the specified lump sum awards.

Jurisdiction
Australia
Judgment Date
27 November 2017
Procedural Posture
Workers Compensation Claim / Principal Judgment
Outcome
Award for the plaintiff; defendant ordered to pay the plaintiff's costs.
Legal Topics
['coal Miner' 'weekly Payments of Compensation' 'lump Sum Compensation' 'permanent Impairment' 'loss of Efficient Use of Arms' 'pain and Suffering']
['workers Compensation'] ['coal Miner' 'weekly Payments of Compensation' 'lump Sum Compensation' 'permanent Impairment' 'loss of Efficient Use of Arms' 'pain and Suffering']

Case Brief

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Procedural Posture

Workers Compensation Claim / Principal Judgment

Legal Issues

  1. 1 ['Whether the plaintiff was entitled to weekly payments of workers compensation from 2 August 2015 to date and continuing under s 11(1) of the Workers Compensation Act 1926 as preserved for coal miners.' 'Whether the plaintiff was entitled to lump sum compensation under s 66 for permanent impairment of the back and loss of efficient use of each arm at or above the elbow.' 'Whether the plaintiff was entitled to a further lump sum under s 67 for pain and suffering, anxiety and distress resulting from losses and impairments.']

Ratio Decidendi

The plaintiff's long underground coal mining work caused or materially contributed to degenerative impairment of his back and shoulders and partial incapacity. Allowing for a statutory deduction for underlying degeneration in the back and deducting previously awarded arm losses and the prior s 67 payment, the plaintiff was entitled to weekly payments for partial incapacity and the specified lump sum awards.

Court Disposition

Award for the plaintiff; defendant ordered to pay the plaintiff's costs.

Orders

  • ['Award for the plaintiff for $1,235.50 per week from 2 August 2015 to 31 January 2016 pursuant to s 11(1) of the Workers Compensation Act 1926 as preserved for coal miners.' 'Award for the plaintiff for $391.90 from 1 February 2016 to 31 March 2016 pursuant to s 11(1) of the Workers Compensation Act 1926 as...