Case v Allied Timber Products Pty Ltd; Workers Compensation Nominal Insurer v Allied Timber Products Pty Ltd [2013] NSWDC 174

District Court New South Wales

Medium Neutral Citation: Case v Allied Timber Products Pty Ltd; Workers Compensation Nominal Insurer v Allied Timber Products Pty Ltd [2013] NSWDC 174 Hearing dates: 09/09/2013 - 13/09/2013 Decision date: 17 September 2013 Jurisdiction: Civil Before: Elkaim SC DCJ Decision: See paragraphs 106 and 107 Catchwords: Injury at work, assessment of Section 151Z deduction Legislation Cited: Civil Liability Act 2002 Workers Compensation Act 1987 Cases Cited: J Blackwood & Son v Skilled Engineering [2008] NSWCA 142 Izzard v Dunbier Marine Products (NSW) Pty Ltd [2012] NSWCA 132 Category: Principal judgment Parties: Andrew Case (Plaintiff) Workers Compensation Nominal Insurer (Plaintiff) Allied Timber Products Pty Ltd (Defendant) Representation: D Campbell SC and T Willis (Plaintiff) P Rickard (Plaintiff) S Kettle (Defendant) LHD Lawyers (Plaintiff) Stiles Lawyers (Plaintiff) Colin Biggers & Paisley (Defendant) File Number(s): 2012/00255392 2013/00234095 Publication restriction: No

Judgment 1This judgment is in respect of two matters. They are closely related and have been heard together with evidence in one being evidence in the other. In matter number 2012/255392 the plaintiff has sued the defendant for personal injury arising out of an injury at work on 12 November 2009. 2In the second matter (2013/234095) the plaintiff is, in effect, the workers compensation insurer for a labour hire company that provided services to the defendant company (which is the same defendant as in the other matter). 3For convenience I will refer to Mr Case (the worker) as the plaintiff and to Allied Timber Products Pty Ltd (the defendant in each case) as the defendant. I will refer to the plaintiff in the 2013 matter as the employer. 4The plaintiff's action arises from an injury he suffered to his back when lifting pieces of timber from a conveyor belt. He alleges a serious and continuing disability giving rise to substantial damages. The heads of damages that are claimed are non-economic loss, past and future economic loss, past and future medical expenses and future commercial care. 5The defendant has denied liability, but alleges contributory negligence in case it is liable. It also challenges the extent and effect of the plaintiff's injuries and relies on Section 151Z of the Workers Compensation Act 1987 (the "WCA") to reduce any damages assessed against it. 6The employer's action is for the return of workers compensation payments and benefits that have been made to, or on behalf of, the plaintiff. Interest is also claimed. 7The action between the plaintiff and the defendant is governed by the Civil Liability Act 2002 (the "CLA").