Jedniuk v Glennies Creek Coal Management Pty Limited [2016] NSWDC 228

District Court New South Wales

Medium Neutral Citation: Jedniuk v Glennies Creek Coal Management Pty Limited [2016] NSWDC 228 Hearing dates: 27-29 July 2016 Date of orders: 29 July 2016 Decision date: 29 July 2016 Jurisdiction: Civil Before: Neilson DCJ Decision: Award for the plaintiff for $429 per week from 26 July 2014 to-date and continuing pursuant to s 11(1) of the Workers Compensation Act 1926 as preserved by Sch 6 Pt 18 of the Workers Compensation Act 1987.

Defendant to pay the plaintiff's s 60 expenses including all those described in exhibit B.

Award for the plaintiff for $7,938 for 10% permanent impairment of the back.

Award for the defendant for permanent impairment of the neck, loss of efficient use of the left arm at or above the elbow, and loss of efficient use of the right arm at or above the elbow.

Claim under s 67 dismissed.

Defendant to pay the plaintiff's costs. Catchwords: WORKERS COMPENSATION – Coalminer – Ascertainment of nature of ongoing symptoms and their cause – Plaintiff working as a coal miner until coal mine closed – Whether an ongoing incapacity – Plaintiff now working as electrical contractor – Quantification of entitlement for partial incapacity – Whether entitled to have fees for undergoing remedial massage paid Legislation Cited: Workers Compensation Act 1926 Workers Compensation Act 1987 Category: Principal judgment Parties: Alex Jedniuk (Plaintiff) Glennies Creek Coal Management Pty Limited (Defendant) Representation: Counsel: Mr D Benson (Plaintiff) Mr T Rowles (Defendant)