Maxwell v Centennial Mandalong Pty Ltd [2017] NSWDC 416

District Court New South Wales

Medium Neutral Citation: Maxwell v Centennial Mandalong Pty Ltd [2017] NSWDC 416 Hearing dates: 30 November – 1 December 2017 Date of orders: 01 December 2017 Decision date: 01 December 2017 Jurisdiction: Civil Before: Neilson DCJ Decision: Award for the plaintiff as listed commencing at [50] below

Defendant to pay the plaintiff's costs Catchwords: WORKERS COMPENSATION – 28 year old coal miner injured left ankle – Whether film exposed one month later proved plaintiff had recovered – Claim for a closed period during which plaintiff underwent surgery – Claim for lump sum compensation – Claim for pain and suffering – That claim is not "once and for all" as in a common law action; only actual pain etc resulting from the loss – If the loss increases in the future, the award under s67 can be reconsidered and a further award made Legislation Cited: Workers Compensation Act 1926 Workers Compensation Act 1987 Category: Principal judgment Parties: Andrew Joseph Maxwell (Plaintiff) Centennial Mandalong Pty Ltd (Defendant) Representation: Counsel: Mr P O'Rourke (Plaintiff) Mr B Odling (Defendant)

Solicitors: Shine Lawyers (Plaintiff) Sparke Helmore (Defendant) File Number(s): RJ 303/16 Publication restriction: Nil

Judgment 1. HIS HONOUR: The plaintiff, Mr Andrew Joseph Maxwell, was employed by Centennial Mandalong Pty Ltd as an underground coalminer. The plaintiff claims weekly payments of compensation between 8 January 2015 and 17 July 2015 for either total incapacity, partial incapacity or partial incapacity deemed to be totalled pursuant to s 11(2) of the Workers Compensation Act 1926 as its operation is preserved for coalminers pursuant to Workers Compensation Act 1987, Schedule 6, Part 18. The plaintiff also claims his expenses under s 60 for treatment of an injury which he sustained in the course of his employment on 15 October 2014. The plaintiff also claims a lump sum under s 66 for 32.5% loss of use of his left leg below the knee and a consequential lump sum under s 67 for pain and suffering and anxiety and distress resulting from that loss.