Maurer v Stratford Coal Pty Ltd [2017] NSWDC 426

District Court New South Wales

Medium Neutral Citation: Maurer v Stratford Coal Pty Ltd [2017] NSWDC 426 Hearing dates: 27 – 29 September 2017 Date of orders: 29 September 2017 Decision date: 29 September 2017 Jurisdiction: Civil Before: Neilson DCJ Decision: I make an award for the plaintiff for: (1) $1,379.92 per week from 8 October 2015 to 1 January 2016 – s11(1); (2) $440.50 per week from 2 January 2016 to 1 March 2016 – s11(1); (3) $440.50 per week from 2 March 2016 to 31 March 2016 – s9; (4) $446.40 per week from 1 April 2016 to 15 July 2016 – s9; (5) $446.40 per week from 16 July 2016 to 30 September 2016 – s11(1); (6) $449.70 per week from 1 October 2016 to 8 January 2017 – s11(1); and (7) $455.50 per week from 10 April 2017 to date and continuing – s9.

I make a general order under s 60.

I order the defendant to pay the plaintiff's costs. Catchwords: WORKERS COMPENSATION – Coal Miner – Pre-existing problems in left knee from teenage years – ACL reconstruction at age 16 (1986) – Joined coal mining industry in 1995 – Relevant incapacity commenced in August 2014 – Whether present left knee condition work-related – Whether due to frank injury or injuries – Whether meniscal and ligament tears traumatic or part of disease process – Whether aggravation, acceleration, exacerbation or deterioration of pre-existing disease Legislation Cited: Workers Compensation Act 1926 Workers Compensation Act 1987 Category: Principal judgment Parties: Kenneth Frances Maurer (Plaintiff) Stratford Coal Pty Ltd (Defendant) Representation: Counsel: Mr D Benson (Plaintiff) Mr T Rowles (Defendant)