ZIZZATI PTY LTD v ADEMOSKI [1992] NSWCA 287

ZIZZATI PTY LTD v ADEMOSKI

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL MAHONEY JA

19 October 1992

[1992] NSWCA 287

Mahoney JA The appellant in these proceedings was injured in circumstances in which, as he claims, he is entitled to worker's compensation.

On 6 August 1992 his Honour Johns J in the Compensation Court made an award in his favour. The award included a weekly payment of an appropriate amount, something of the order of $242 gross per week and the award includes also the provision in the not unusual form that the respondent pay the applicant's s60 expenses. It is agreed between the parties that s60 expenses would include - and I do not intend to be exhaustive in this regard - the private medical expenses of the kind referred to in the affidavit of the claimant/ appellant of 16 October 1992, and also the costs of ongoing medication and hospital expenses insofar as they are not otherwise provided for.

The respondent company, the employer, has brought an appeal to this Court against that award and that lies in fact and law. When that appeal will come on for hearing is not apparent. It will, if I may take notice of the current state of the list, be a number of months before that appeal will come on in the ordinary course.

Prima facie the application if it succeeded would have the result that the claimant/appellant would be required to pay all of the medical expenses of various kinds which he is apt to incur in the meantime. It is therefore relevant to consider what these may be.

Reference has been made to the matter in the affidavit of the claimant/appellant of 16 October 1992 and I shall not set out the details there set forth. However, the fact is that - and, it is suggested, as a result of his workplace injury - a tumour or the recurrence of a tumour has occurred and it is malignant. He is in a condition in which he has had and will require chemotherapy. He has had a colostomy. I am informed, and I refer to paraS of the affidavit, that likely future treatment would be in the nature of pain relief, depending on the nature of the recurrence of the condition.