Villiami v Endeavour Coal Pty Limited [2016] NSWDC 290

District Court New South Wales

Medium Neutral Citation: Villiami v Endeavour Coal Pty Limited [2016] NSWDC 290 Hearing dates: 14 – 15 September 2016 Date of orders: 15 September 2016 Decision date: 15 September 2016 Jurisdiction: Civil Before: Neilson DCJ Decision: Award for the plaintiff for $1,415.01 per week from 24 July 2015 to 3 December 2015 for either partial incapacity treated as total or total incapacity

Defendant to pay the plaintiff's expenses under section 60 of the Workers Compensation Act 1987 in respect of that period

Defendant to pay the plaintiff's costs Catchwords: WORKERS COMPENSATION – Coal miners – Whether need to undergo surgery was reasonably necessary as a result of employment injury – After each of two events at work plaintiff suffered severe but transient pain in the area of his right testicle – This was subsequently diagnosed to be a symptom of a right inguinal hernia – Same condition diagnosed on left side of groin by treating surgeon – Plaintiff underwent "bilateral inguinal herniorraphy" causing a closed period of incapacity – Despite diagnosis, no inguinal hernia found on operation but large spermatic cord lipomata – HELD: closed period off work and surgery were compensable as symptoms were work related and advice regarding surgery was given in honest belief it was compensable and plaintiff honestly and reasonably believed that advice Legislation Cited: Workers Compensation Act 1926 Workers Compensation Act 1987 Cases Cited: Barr v Bailey and Jorgenson Pty Ltd [1967] WCR(NSW) 171 Corrigan v CL Brown & Sons (1998) 16 NSWCCR 681 McGillicuddy v Grahame Industries Pty Ltd [1958] WCR(NSW) 150 Texts Cited: M Boulter QC, Workers Compensation Practice in New South Wales, (Law Book Company Ltd, 1966) Category: Principal judgment Parties: John Villiami (Plaintiff) Endeavour Coal Pty Limited (Defendant) Representation: Counsel: Mr D Benson (Plaintiff) Mr B Odling (Defendant)