Blatchford v Xstrata Glendell Mining Pty Limited [2015] NSWDC 349

District Court New South Wales

Medium Neutral Citation: Blatchford v Xstrata Glendell Mining Pty Limited [2015] NSWDC 349 Hearing dates: 17-19 August 2015 Date of orders: 19 August 2015 Decision date: 19 August 2015 Jurisdiction: Civil Before: Neilson DCJ Decision: Award pursuant to s 11(2) of the Workers Compensation Act 1926 as preserved in its operation for coal miners by Sch 6 of the Workers Compensation Act 1987 for each of the periods claimed in the statement of claim.

Award for $14,288.40 for 18% permanent impairment of the plaintiff's back after a deduction for 10% of total loss pursuant to s 68A

Award for $15,000 pursuant to s 67.

Defendant to pay s 60 costs

Defendant to pay plaintiff's costs Catchwords: WORKERS COMPENSATION – Coal miners – Nature of the compensable event – Whether injury a disease – Non-compensable aggravation of underlying condition irrelevant to the compensability of a period of incapacity – Assessing lump sum compensation – Inadequacy of medical evidence – Court relying on general principles drawn from case law Legislation Cited: Workers Compensation Act 1926 Workers Compensation Act 1987 Cases Cited: Calman v Commissioner of Police [1999] HCA 60; (1999) 19 NSWCCR 40 Szauter v Centennial Northern Mining Services Pty Ltd [2015] NSWDC 112 Category: Principal judgment Parties: Craig Blatchford (Plaintiff) Xstrata Glendell Mining Pty Limited (Defendant) Representation: Counsel: Mr D Benson (Plaintiff) Mr L Goodman (Defendant)