Honeysett v Centennial Springvale Pty Limited [2015] NSWDC 335

District Court New South Wales

Medium Neutral Citation: Honeysett v Centennial Springvale Pty Limited [2015] NSWDC 335 Hearing dates: 7-8 September 2015 Date of orders: 08 September 2015 Decision date: 08 September 2015 Jurisdiction: Civil Before: Neilson DCJ Decision: Award for the plaintiff for $1,505.86 per week from 13 March 2014 to 24 June 2014:

for $1,505.86 per week from 25 June 2014 to 12 September 2014 for total incapacity;

for $382 per week from 13 September 2014 to 30 September 2014 for total incapacity;

for $386.90 per week from 1 October 2014 to 5 November 2014 for total incapacity;

for $386.90 per week from 6 November 14 to 31 March 2015 for partial incapacity;

for $391.90 per week 1 April 2015 to-date and continuing for partial incapacity.

Pursuant to s 60:

Defendant to pay the cost of the treatment of the plaintiff's right hip condition.

Defendant to pay the plaintiff's expenses for treatment of left shoulder condition until 31 December 2014

Defendant to pay plaintiff's costs. Catchwords: WORKERS COMPENSATION - Coal miner – Nature of injuries to right hip and left shoulder – Change of complaint regarding alleged left shoulder injury – Claim for deemed total incapacity – Lack of mutuality Legislation Cited: Workers Compensation Act 1926, s 11(1), s 11(2) Workers Compensation Act 1987, Sch 6 Pt 18 Category: Principal judgment Parties: Owen Honeysett (Plaintiff) Centennial Springvale Pty Limited (Defendant) Representation: Counsel: Mr D Benson (Plaintiff) Mr L King SC (Defendant)