Dormer v Dendrobium Coal Pty Ltd [2018] NSWDC 88

District Court New South Wales

Medium Neutral Citation: Dormer v Dendrobium Coal Pty Ltd [2018] NSWDC 88 Hearing dates: 14 – 16 March 2018 Date of orders: 16 March 2018 Decision date: 16 March 2018 Jurisdiction: Civil Before: Neilson DCJ Decision: I make an award for the plaintiff: (1) for $980.20 per week from 30 October 2016 to 29 April 2017;

(2) for $408.60 per week from 30 October 2017 to 30 September 2017; and

(3) for $411.90 per week from 1 October 2017 to date and continuing pursuant to s 11(2) of the Workers Compensation Act 1926 as preserved.

I order the defendant to pay the plaintiff's hospital, medical and like expenses pursuant to s 60.

I order the defendant pay the plaintiff's costs. Catchwords: WORKERS COMPENSATION – Coal miner – Claim for weekly payments – Whether plaintiff injured left shoulder whilst working for the defendant roof bolting – Acceleration of disease process stemming from a rugby league injury at age 14 – Plaintiff's services terminated whilst performing restricted duties – Whether plaintiff ready, willing and able to perform suitable work for the defendant Legislation Cited: Workers Compensation Act 1926 Workers Compensation Act 1987 Category: Principal judgment Parties: Jai Edward Dormer (Plaintiff) Dendrobium Coal Pty Ltd (Defendant) Representation: Counsel: Mr R Brown (Plaintiff) Mr M Joseph SC (Defendant)

Solicitors: Stacks Goudkamp (Plaintiff) HWL Ebsworth (Defendant) File Number(s): RJ 334/2017 Publication restriction: Nil