Churchill v Fine Meats Pty Limited [2001] NSWCC 50

Compensation Court of New South Wales

CITATION : Churchill v Fine Meats Pty Limited [2001] NSWCC 50 PARTIES : Robert Colin Churchill Fine Meats Pty Limited MATTER NUMBER(S) : 36768 of 2000 JUDGMENT OF: Walker J at 1 CATCHWORDS: Statutes & Delegated Legislation :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 20/10/00, 20/4/01 EX TEMPORE JUDGMENT DATE : 04/23/2001

FOR APPLICANT: Mr A Cooley instructed by Daly Bussoletti & Co Solicitors LEGAL REPRESENTATIVES: FOR RESPONDENT: Mr B Odling instructed by Moray & Agnew Solicitors

JUDGMENT: THE CLAIM 1. Robert Colin Churchill claims lump sums compensation for injury to his back, both legs and loss of sexual function. 2. The basis of his claim is that arising out of and in the course of his employment with the respondent as a labourer from 26 November 1998 he slipped on some fat, twisted his back and sustained a permanent back impairment and secondary losses in the form of a permanent loss of the efficient use of both legs and the permanent loss of efficient use of his sex organs. THE ISSUES 3. Injury of the back and both leg losses was admitted. Basically, the case was an assessment of the quantum of the s 66 and s 67 claims. However, Mr Odling, for the respondent put in issue injury so far as the loss of sexual function was concerned and permanency with regard to the left leg loss and loss of sexual organs. He also put in issue the application of s 68A in respect of the back and secondary disabilities. MATTERS FOR DETERMINATION 1. Was the applicant injured arising out of or in the course of his employment with the respondent? 2. If so, did he sustain (a) A permanent back impairment (b) A permanent loss of efficient use of both legs (c) A permanent loss of the efficient use of his sex organs. 3. If so, what is his appropriate entitlement pursuant to s 66 for his (a) Back impairment (b) Left leg loss (c) Right leg loss (d) Loss of sexual function. 4. Does s 68A apply to reduce any of the applicant's s 66 entitlements? 5. If the s 66 entitlement exceeds the s 67 threshold, what is the applicant's entitlement to lump sum compensation for his pain and suffering?