Bolton v Ibrahim and Dimitrikakis [2002] NSWCC 39

Bolton v Ibrahim and Dimitrikakis [2002] NSWCC 39

The applicant entered a contract of bailment with the first respondent, not as agent for the second respondent but on the first respondent's own account, so the first respondent is the deemed employer and liable under the Act. The applicant suffered 20% impairment of the back, with a 50% deduction (leaving 10%) for pre-existing degenerative changes attributable to earlier conditions. No compensable impairment of the neck was established. Section 67 compensation was not available as the threshold was not met.

Parties
Applicant: Wayne Robert Bolton; First Respondent: Riad Ibrahim; Second Respondent: George Dimitrikakis
Jurisdiction
Australia
Judgment Date
01 August 2002
Procedural Posture
Workers Compensation / Judgment After Hearing of Application for Compensation
Outcome
Award for the applicant against the first respondent, award for the second respondent
Legal Topics
Contract of Bailment, Deemed Employment, Permanent Impairment Assessment, Apportionment for Pre Existing Impairment
Workers Compensation Employment Law Contract of Bailment Deemed Employment Permanent Impairment Assessment Apportionment for Pre Existing Impairment

Case Brief

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Parties

Wayne Robert Bolton

Applicant

Riad Ibrahim

First Respondent

George Dimitrikakis

Second Respondent

Procedural Posture

Workers Compensation / Judgment After Hearing of Application for Compensation

Legal Issues

  1. 1 Whether applicant's deemed employer was first or second respondent under cl 10 of Sch 1 to the Workplace Injury Management and Workers Compensation Act 1998
  2. 2 Whether applicant suffered compensable permanent impairment of neck and/or back as a result of the subject accident
  3. 3 Extent and apportionment of permanent impairment attributable to pre-existing degenerative changes

Ratio Decidendi

The applicant entered a contract of bailment with the first respondent, not as agent for the second respondent but on the first respondent's own account, so the first respondent is the deemed employer and liable under the Act. The applicant suffered 20% impairment of the back, with a 50% deduction (leaving 10%) for pre-existing degenerative changes attributable to earlier conditions. No compensable impairment of the neck was established. Section 67 compensation was not available as the threshold was not met.

Court Disposition

Award for the applicant against the first respondent, award for the second respondent

Orders

  • $6,000 under s 66 for permanent impairment of back awarded to applicant against first respondent
  • First respondent to pay applicant's costs, including second conference fee of $250 and advice on evidence fee