Oliver v BHP [2001] NSWCC 12

Compensation Court of New South Wales

CITATION : Oliver v BHP [2001] NSWCC 12 PARTIES : Kim Oliver v BHP Steel (Aus) Pty Limited MATTER NUMBER(S) : 40228 of 1999 JUDGMENT OF: Bishop J at 1 CATCHWORDS: Assessment of Compensation :- LEGISLATION CITED: CASES CITED: 6 September 2000 DATES OF HEARING: 16 October 2000 - 18 October 2000 19 February 2001 - 20 February 2001 DATE OF JUDGMENT: 04/12/2001

FOR APPLICANT: Mr R Ingram instructed by Maguire & McInerney LEGAL REPRESENTATIVES: FOR RESPONDENT: Mr G Levick instructed by Sparke Helmore

JUDGMENT: 1. By order of 28 June 2000 two separate proceedings instituted by the applicant were consolidated. One such application dealt with a back problem and the other with a psychological problem. With regard to the former it was claimed that on 17 April 1998 the applicant had been working for about a week lifting heavy objects and he injured his back aggravating a pre-existing injury. It was further claimed that the general nature and conditions of his employment had also affected his back. Compensation was claimed on a continuing basis from 14 April 1999 together with lump sum compensation in respect of impairment of the back and partial loss of use of the right leg at or above the knee together with a claim under s 67. 2. The proceedings relating to the psychological injury were based on a specific injury on 28 October 1998 when the applicant was said to have been engaged in a rescue exercise at the Southern Mines Rescue Station requiring to wear breathing equipment. It was further claimed that on 13 April 1999 when working underground he suffered anxiety, panic, difficulty breathing and sweating. The general nature and conditions of his employment were also referred to and the injury claimed was a psychological injury of anxiety causing panic attacks. Weekly payments were again sought from 14 April 1999 together with medical and other expenses. 3. The back claim and the psychological claim will be dealt with separately in that order.