Jurd v Elcom Collieries Pty Ltd & Ors [2017] NSWDC 42

District Court New South Wales

Medium Neutral Citation: Jurd v Elcom Collieries Pty Ltd & Ors [2017] NSWDC 42 Hearing dates: 8-9 February 2017 Date of orders: 10 February 2017 Decision date: 10 February 2017 Jurisdiction: Civil Before: Neilson DCJ Decision: Award for the plaintiff against the fourth defendant for $8,599.50 for 10% loss of efficient use of the right foot

Awards for the plaintiff against the eighth defendant as follows: $7,144.20 for 13.5% impairment of the neck $10,716.30 for 13.5% impairment of the back $21,168.00 for 20% loss of efficient use of right arm at or above the elbow $13,395.38 for 13.5% loss of efficient use of left leg at or above the knee $24,806.25 for 25% loss of efficient use of the right leg at or above the knee $2,278.30 for 3% loss of efficient use of the right hand $26,400 under s 67

Order the eighth defendant to pay the plaintiff's expenses under s 60

Awards for the first, second, third, fifth, sixth and seventh defendants

Order the fourth and eighth defendants to pay the plaintiff's costs Catchwords: WORKERS COMPENSATION – COAL MINER – Claims for weekly payments, hospital and medical expenses, and lump sum compensation – Degenerative disease of neck, back, right arm, left leg, right leg and right hand Legislation Cited: Workers Compensation Act 1987 Category: Principal judgment Parties: Maxwell Bryan Jurd (Plaintiff) Elcom Collieries Pty Ltd (First Defendant) Coal & Allied Operations Pty Ltd (Second Defendant) Hunter Valley Energy Coal Pty Ltd (Third Defendant) JVUM Pty Ltd (Fourth Defendant) Wambo Coal Pty Ltd (Fifth Defendant) Walters Constructions Pty Ltd (Sixth Defendant) Centennial Mannering Pty Ltd (Seventh Defendant) Centennial Northern Mining Services Pty Ltd (Eighth Defendant) Representation: Counsel: Mr P O'Rourke (Plaintiff) Mr B Odling (Defendant)