RAPFORD PTY LTD (t/a GILBERT FOIL CONTAINER CO) v WILLIAMS [1993] NSWCA 225

RAPFORD PTY LTD (t/a GILBERT FOIL CONTAINER CO) v WILLIAMS

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL COMPENSATION COURT

MAHONEY, PRIESTLEY and Cripps JJA

19 November 1992, 25 June 1993

[1993] NSWCA 225

WORKERS COMPENSATION — MOST EXTREME CASE

WORKERS COMPENSATION — amputation below left elbow — trial judge finds 100% loss efficient use of arm above left elbow and consequently of whole arm — evidence of continuing severe pain — whether trial judge correct in (1) awarding maximum amount for pain and suffering under s67 as "a most extreme case", (2) making awards under Table for each loss above and below elbow, sum of which exceeds 100% of maximum amount prescribed by s66(1), and s66(3) standing over with liberty to apply s66 claim for neck injury on ground of lack of evidence as to permanency of injury.

WORKERS COMPENSATION — amputation below left elbow — trial judge finds 100% loss efficient use of arm above left elbow and consequently of whole arm — evidence of continuing severe pain — whether trial judge correct in (1) awarding maximum amount for pain and suffering under s67 as "a most extreme case", (2) making awards under Table for each loss above and below elbow, sum of which exceeds 100% of maximum amount prescribed by s66(1), and s66(3) standing over with liberty to apply s66 claim for neck injury on ground of lack of evidence as to permanency of injury.

Mahoney JA On 31 July 1989 Mr Gary Williams (the worker) suffered an injury in the course of his employment with the appellant company. It involved, inter alia, the crushing of his left hand, injury to his right arm and trauma in respect of his neck. The most serious injury was that to his left arm. He suffered great harm from it initially. Shortly after the accident it was amputated between the wrist and the elbow. He continued to suffer great pain and on 13 November 1989 there was a revision of the stump.