Hall v SESLS Industrial Pty Limited [2024] NSWDC 347

District Court New South Wales

Medium Neutral Citation: Hall v SESLS Industrial Pty Limited [2024] NSWDC 347 Hearing dates: 26-28 March 2024 Date of orders: 28 March 2024 Decision date: 28 March 2024 Jurisdiction: Civil Before: Neilson DCJ Decision: I make an award for the plaintiff for $581.30 per week from 7 March 2023 to 10 May 2023. I order the defendant to pay the plaintiff's expenses under s 60 in respect of the period 14 February 2023 to 10 May 2023. I order the defendant to pay the plaintiff's costs. Catchwords: WORKERS COMPENSATION – Determination of the nature of the injury – Determination of the period of incapacity – Quantification of the extent of partial incapacity. Legislation Cited: Workers' Compensation Act 1926 Workers' Compensation Act 1987 Cases Cited: Nil. Texts Cited: Nil. Category: Principal judgment Parties: Plaintiff – Byron Charles Hall Defendant – SESLS Industrial Pty Limited Representation: Counsel: Plaintiff – Mr Hickey, C. Defendant – Mr Rowles, T.

Solicitors: Plaintiff – Shaw & Bunner Legal. Defendant – Hicksons Lawyers. File Number(s): 2023/00183837 Publication restriction: Nil.

Judgment

Claim 1. HIS HONOUR: The plaintiff Mr Byron Charles Hall claims weekly payments of workers' compensation from 15 February 2023 to date and continuing for total incapacity. In the alternative he claims weekly payments of compensation for deemed total incapacity pursuant to s 11(2) of the Workers' Compensation Act 1926 as its operation is preserved for those who work in or about a coal mine pursuant to the Workers' Compensation Act 1987 Schedule 6, Part 18. However, no reliance is now placed on s 11(2) of the former Act. The plaintiff himself believes that he is totally incapacitated for any form of work known to him and he has not been actively seeking any work at all. 2. The allegation made in the Statement of Claim is that on 14 February 2023 the plaintiff suffered an injury to his right knee when he stepped into a hole whilst performing a pre‑shift inspection of a coal loading machine which he was due to drive on that day. In particular, the plaintiff says that since that time he has been, as I said, totally incapacitated for work and is awaiting to have surgery to his right knee to reconstruct a torn anterior cruciate ligament. The case is far from an easy one.