Kearney v Centennial Angus Place Pty Ltd [2015] NSWDC 421

District Court New South Wales

Medium Neutral Citation: Kearney v Centennial Angus Place Pty Ltd [2015] NSWDC 421 Hearing dates: 24-25 November 2015 Date of orders: 25 November 2015 Decision date: 25 November 2015 Jurisdiction: Civil Before: Neilson DCJ Decision: Award for the plaintiff for $475.20 p.w. from 10 December 2014 to date and continuing

Following further awards for the plaintiff: $22,375.00 for 22.5% loss of efficient use of the plaintiff's left leg at or above the knee; $4,299.75 for 5% loss of efficient use of the plaintiff's left foot; $4,961.25 for 5% loss of efficient use of the right leg at or above the knee; $4,299.75 for 5% loss of efficient use of the right foot; $5,953.50 for 7.5% permanent impairment of the back; and $22,066.67 pursuant to s 67 of the Workers Compensation Act 1987

Defendant to pay the plaintiff's hospital, medical and like expenses pursuant to s 60 of the Workers Compensation Act 1987

Defendant to pay the plaintiff's costs Catchwords: WORKERS COMPENSATION – COAL MINER – Claims for weekly payments, hospital and medical expenses, and lump sum compensation

Widespread degeneration disease of back, hips, knees and feet – Total hip replacement on left side – Need for total hip replacement on right side

Claim for permanent loss compensation for an injury to an arm supported only by a medical practitioner's opinion without diagnosis, investigations or reasons fails Legislation Cited: Workers Compensation Act 1926 Workers Compensation Act 1987 Category: Principal judgment Parties: Peter Kearney Centennial Angus Place Pty Ltd Representation: Counsel: Mr D Benson (Plaintiff) Mr B Odling (Defendant)