Coleman v Denison Hydraulics Australia Pty Ltd [2002] NSWCC 14

Reported Decision : (2002) 23 NSWCCR 376

Compensation Court of New South Wales

CITATION : Coleman v Denison Hydraulics Australia Pty Ltd [2002] NSWCC 14 revised - 3/11/2003 Gregory Coleman PARTIES : v Denison Hydraulics Australia Pty Ltd MATTER NUMBER(S) : 53168 of 2001 JUDGMENT OF: Neilson J at 1 :- Amendment to application for determination after 1 April 2002. Effect of Workers Compensation General Regulation 1995 reg 93. Regulation deals with "claims" for compensation CATCHWORDS: not the events alleged to give rise to the claims. Meaning of "injury" in definition of "related claims" in Workplace Injury Management and Workers Compensation Act 1998 s 250. Same as "injury" as defined in s 4. "Personal injury" refers to the pathology or medical condition of the worker not to the receipt of the injury - see WCA 1987 s 9. Application may be amended to add additional employers as respondents where the allegation relates to an "existing claim" as defined in s 250 of 1998 Act. LEGISLATION CITED: CASES CITED: DATES OF HEARING: 16/04/02 EX TEMPORE JUDGMENT DATE : 04/16/2002

FOR APPLICANT: Mr Leung, solicitor of Turner Freeman, appeared for the applicant. FOR RESPONDENT: Ms O'Shannassy, clerk of Bartier Perry, appeared for the respondent. LEGAL REPRESENTATIVES: Mr Adra, clerk of GIO Workers Compensation (NSW) Ltd appeared for the proposed second respondent. Mr J H Lichtenberger instructed by Hicksons appeared for the proposed third respondent. No appearance for the proposed fourth respondent.