Stanberg-McCrae v Liddell Coal Operations Pty Ltd [2017] NSWDC 461

District Court New South Wales

Medium Neutral Citation: Stanberg-McCrae v Liddell Coal Operations Pty Ltd [2017] NSWDC 461 Hearing dates: 6, 7 November 2017 Date of orders: 08 November 2017 Decision date: 08 November 2017 Jurisdiction: Civil Before: Neilson DCJ Decision: For those reasons I make an award for the plaintiff for $983.50 per week, from 1 September 2014 to 25 November 2014, and for $1,008.35 per week from 26 November 2014 to 28 February 2015, and $386.90 per week from 1 March 2015 to 18 March 2015. The award is under s 9 of the 1926 Act up until 26 October 2014 and from 27 October 2014, is under s 11(2) of the same Act.

I order the defendant to pay the plaintiff s 60 expenses in respect of that period but not including the MRI scan of the low back performed on 28 January 2015.

I order the defendant to pay the plaintiff's costs.

In respect of the claims under s 66 and 67 of the Worker's Compensation Act 1987, I make an award for the defendant.

Credit to the defendant for any payments made by it to or for on behalf of the plaintiff during the period the subject of the award. Catchwords: COAL MINERS WORKERS COMPENSATION – Claims for continuing weekly payments, lump sum compensation and hospital and medical expenses – Plaintiff injured in in MVA in Qld on 15 September 2000 at age 18 – Major injury was to the neck – Symptoms persisted for at least 6 years – Plaintiff recovered damages – Commenced employment with the defendant on 1 April 2000 initially as a maintenance fitter and then as a plant operator in open cut mine – Spinal symptoms commenced in early 2013 – Variable symptoms at different times in cervical, thoracic and lumbar spines – Frank injury on 27 January 2014 – Dispute as to what areas of body injured – Consideration of medical evidence – Plaintiff last worked on 1 September 2014 – Surgery to law back practiced by Dr YAE Ghabrial on 8 September 2015 and 13 January 2016 – Whether need for surgery resulted from any injury arising out of or in the course of employment – Whether undoubted impairments and loss work-related Legislation Cited: Workers' Compensation Act 1926 Worker's Compensation Act 1987 Category: Principal judgment Parties: Rebecca Stanberg-McCrae (Plaintiff) Liddell Coal Operations Pty Ltd (Defendant) Representation: Counsel: Mr D Benson (Plaintiff) Mr T Rowles (Defendant)