Ockers v Westcliff Colliery trading as South 32 (No 2) [2018] NSWDC 213

District Court New South Wales

Medium Neutral Citation: Ockers v Westcliff Colliery trading as South 32 (No 2) [2018] NSWDC 213 Hearing dates: 23 - 24 November 2017, 28 March 2018 Date of orders: 06 April 2018 Decision date: 06 April 2018 Jurisdiction: Civil Before: Neilson DCJ Decision: I make an award for the Plaintiff for: 1) $831.20 pw from 9-01-17 to 8-07-17; 2) $548.90 pw from 9-07-17 to 30-09-17; and 3) $553.40 pw from 1-10-17 to 6-11-17 (pursuant to s9).

Defendant to pay Plaintiff's expenses under s 60 for the treatment of the right shoulder condition.

I order the D to pay the P's costs, excepting the costs of: 1) arranging for the attendance of Dr Leicester at Court by AVL on 28 March 2017; and 2) the costs of 28 March 2018. Catchwords: COAL MINER'S WORKERS COMPENSATION – Claim for weekly payments following upon a frank, acute rupture of the supraspinatus tendon in the rotator cuff joint in the right shoulder – Acute rupture happened out of work hours – Whether rupture and consequent need for medical treatment work-related – Conflict in medical evidence as to nature of pathology pre-existing rupture – Whether claim governed by s15 or s16 of Workers Compensation Act 1987 Legislation Cited: Adoption Act 2000 Workers Compensation Act 1926 Workers Compensation Act 1987 Cases Cited: Calman v The Commissioner of Police [1999] HCA 60; (1999) 19 NSWCCR 40 Category: Principal judgment Parties: Nathan Alexander Goulding Ockers (Plaintiff) Westcliff Colliery t/as South 32 (Defendant) Representation: Counsel: Mr D Benson (Plaintiff) Mr M Joseph SC (Defendant)