Welsh v Elcom Collieries Pty Ltd & Ors [2017] NSWDC 417

District Court New South Wales

Medium Neutral Citation: Welsh v Elcom Collieries Pty Ltd & Ors [2017] NSWDC 417 Hearing dates: 28 November 2017 Date of orders: 29 November 2017 Decision date: 29 November 2017 Jurisdiction: Civil Before: Neilson DCJ Decision: I publish an award under s 11(1) and an order under s 60.

I make awards for the plaintiff against the third defendant pursuant to s 66 of the Workers Compensation Act 1987 as it operates for those who work in or about a coalmine: (1) for $4,762.80 for 9% permanent impairment of the neck; (2) for $14,288.40 for 80% permanent impairment of the back; (3) for $15,876 for 15% loss of efficient use of the right arm at or above the elbow; (4) for $8,930.25 for 9% loss of efficient use of the right leg at or above the knee; (5) for $8,930.25 for 9% loss of efficient use of the left leg at or above the knee.

I make an award for the plaintiff against the third defendant for $20,000 pursuant to s 67 for pain and suffering resulting from such losses and impairments.

I order the defendant to pay the plaintiff's costs. Catchwords: WORKERS COMPENSATION – First Aid Officer and bathroom attendant, multi-skilled since 1990 at a coal mine – Claim for weekly payments after accepting voluntary redundancy, for partial incapacity – How that affects computation of weekly payments for partial incapacity – Claims for lump sum compensation – Observations on medical evidence Legislation Cited: Workers Compensation Act 1926 Workers Compensation Act 1987 Category: Principal judgment Parties: Robert William Welsh (Plaintiff) Elcom Collieries Pty Ltd (First Defendant) Powercoal Pty Ltd (Second Defendant) Centennial Newstan Pty Ltd (Third Defendant) Representation: Counsel: Mr P O'Rourke (Plaintiff) Mr B Odling (Defendants)