Paix v Novacoal Australia Pty Ltd & Another [2019] NSWDC 51

District Court New South Wales

Medium Neutral Citation: Paix v Novacoal Australia Pty Ltd & Another [2019] NSWDC 51 Hearing dates: 27, 28 September 2017 (Newcastle) 3 – 5 October 2017 (Sydney) Date of orders: 18 March 2019 Decision date: 18 March 2019 Jurisdiction: Civil Before: Neilson DCJ Decision: I make the following orders: (1) I make an award for the first defendant

(2) I make awards for the plaintiff against the second defendant for: (a) $3,175.20 for 6% impairment of the neck, and (b) $4,762.80 for 6% impairment of the back

(3) I make an award for the second defendant in respect of the plaintiff's claims for: (a) loss of efficient use of the right arm at or above the elbow; (b) loss of efficient use of the left arm at or above the elbow; (c) loss of efficient use of the right leg at or above the knee; (d) loss of efficient use of the left leg at or above the knee; (e) loss of efficient use of the right leg below the knee; (f) pain and suffering; and (g) expenses under section 60

(4) I order the second defendant to pay the plaintiff's costs of establishing the two claims upon which he has been successful. I certify one qualifying fee. Catchwords: COAL MINERS WORKERS COMPENSATION – CLAIMS FOR LUMP SUM COMPENSATION – 7 different claims under s66 of Workers Compensation Act 1987

At age 17 plaintiff joined the Army – Saw active service in Vietnam ("war service") – 6 years enlistment – Plaintiff a coal miner 13 December 1978 to 9 March 2001 – Conflicting claims to DVA for pension benefits and to employers for workers compensation