Styles v Southern Meats [2001] NSWCC 82

Styles v Southern Meats [2001] NSWCC 82

The Court found that the applicant sustained tendonitis to the right wrist as a consequence of his work and in particular the incident on 23 September 1998, and that the employment was a substantial contributing factor. Although early symptoms and restrictions were accepted, the Court was not persuaded that the applicant's current severe symptoms were readily explicable by tenosynovitis; psychological factors and drug use clouded the presentation, and objective investigations were normal. The Court nevertheless accepted some continuing symptoms and restrictions referable to mild tenosynovitis, assessed permanent loss of efficient use of the right dominant arm below the elbow at 5%, found...

Jurisdiction
Australia
Judgment Date
23 May 2001
Procedural Posture
Proceedings to Obtain Compensation / Judgment After Hearing
Outcome
Awards and orders made in the applicant's favour for weekly payments, lump sum compensation under s 66, medical and like expenses, and costs; no award for pain and suffering under s 67.
Legal Topics
['weekly Payments' 'permanent Loss of Efficient Use of Right Arm' 'work Related Injury' 'incapacity' 'medical Expenses' 'costs']
['workers Compensation'] ['weekly Payments' 'permanent Loss of Efficient Use of Right Arm' 'work Related Injury' 'incapacity' 'medical Expenses' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Proceedings to Obtain Compensation / Judgment After Hearing

Legal Issues

  1. 1 ["The nature of the applicant's injury." 'Whether the applicant was incapacitated by the injury and the extent of any ability to earn.' 'Whether the applicant sustained permanent loss of efficient use of the right arm below the elbow.' 'Whether the applicant was entitled to lump sum compensation under s 66 and pain and suffering compensation under s 67.']

Ratio Decidendi

The Court found that the applicant sustained tendonitis to the right wrist as a consequence of his work and in particular the incident on 23 September 1998, and that the employment was a substantial contributing factor. Although early symptoms and restrictions were accepted, the Court was not persuaded that the applicant's current severe symptoms were readily explicable by tenosynovitis; psychological factors and drug use clouded the presentation, and objective investigations were normal. The Court nevertheless accepted some continuing symptoms and restrictions referable to mild tenosynovitis, assessed permanent loss of efficient use of the right dominant arm below the elbow at 5%, found...

Court Disposition

Awards and orders made in the applicant's favour for weekly payments, lump sum compensation under s 66, medical and like expenses, and costs; no award for pain and suffering under s 67.

Orders

  • ['Award for weekly payments pursuant to s 40 at $121.28 per week from 7 October 1998 to 8 March 1999.' 'Award for weekly payments pursuant to s 40 at $133.73 per week from 9 March 1999 to 30 June 2000.' 'Award for weekly payments pursuant to s 40 at $145.40 per week from 1 July 2000 to date and continuing.' 'Award...