Roberts v Centennial Myuna Pty Ltd [2017] NSWDC 413

District Court New South Wales

Medium Neutral Citation: Roberts v Centennial Myuna Pty Ltd [2017] NSWDC 413 Hearing dates: 27 November 2017 Date of orders: 27 November 2017 Decision date: 27 November 2017 Jurisdiction: Civil Before: Neilson DCJ Decision: For those reasons, I make an award for the plaintiff: (1) for $1,235.50 per week from 2 August 2015 to 31 January 2016; (2) for $391.90 from 1 February 2016 to 31 March 2016; (3) for $400.40 per week from 1 April 2016 to 30 September 2016; (4) for $403.40 per week from 1 October 2016 to 31 March 2017; (5) for $408.60 per week from 1 April 2017 to 30 September 2017; and (6) for $411.90 per week from 1 October 2017 to date and continuing, pursuant to s 11(1) of the Workers Compensation Act 1926 as preserved for coal miners.

I make a general order under s 60.

I make the following awards under s 66: (1) for $14,288.40 for 18% permanent impairment of the back; (2) for $15,876 for 15% loss of efficient use of the right arm at or above the elbow; (3) for $14,883.75 for a further 15% loss of efficient use of the plaintiff's left arm at or above the elbow.

I make an award for the plaintiff under s 67 for $15,837.25.

I order the defendant to pay the plaintiff's costs. Catchwords: WORKERS COMPENSATION – Coal miner – 40 years in coal mining underground – Claim for weekly payments since retirement and lump sum compensation Legislation Cited: Workers Compensation Act 1926 Category: Principal judgment Parties: Warren Roberts (Plaintiff) Centennial Myuna Pty Limited (Defendant) Representation: Counsel: Mr D Benson (Plaintiff) Mr B Odling (Defendant)