Wilson v Nebo Colliery & Ors [2015] NSWDC 99

District Court New South Wales

Medium Neutral Citation: Wilson v Nebo Colliery & Ors [2015] NSWDC 99 Hearing dates: 3-4 March 2015 Date of orders: 04 March 2015 Decision date: 04 March 2015 Jurisdiction: Civil Before: Neilson DCJ Decision: The need for the plaintiff to undergo surgery for his left hip was reasonably necessary as a result of injury arising out of or in the course of the plaintiff's employment as a coal miner with the name defendants

Fifth defendant to pay the plaintiff's expenses under s 60 for treatment of his low back condition and for his left hip condition

Fifth defendant to pay the plaintiff's costs

Award for the fourth defendant and for Endeavour Coal Pty Ltd trading as Nebo Colliery, Wongawilli Colliery and Elouera Colliery. Catchwords: WORKERS COMPENSATION – Coal miners – Estoppel – Claim for hospital and medical expenses – Need for further surgery – No "declaration of liability" sought – Previous proceedings concerning lumbar spine – Subject proceedings concern lumbar spine and hips – No estoppel arising as hips not claimed in earlier proceedings Legislation Cited: Workers Compensation Act 1987 (NSW) Cases Cited: Bruce v Grocon Ltd (1995) 11 NSWCCR 247 Category: Principal judgment Parties: Frederick Peter Wilson (Plaintiff) Nebo Colliery (First Defendant) BHP Wongawilli Colliery (Second Defendant) Elouera Colliery (Third Defendant) Delta Mining (Fourth Defendant) Gujarat NRE FCGL Pty Limited trading as NRE Wongawilli Colliery (Fifth Defendant) Representation: Counsel: Mr D Benson (Plaintiff) Mr B Odling (Defendants)