NSW Caselaw
District Court New South Wales
Medium Neutral Citation: O'Donnell v Elcom Collieries Pty Ltd & Others [2017] NSWDC 462 Hearing dates: 13, 14 November 2017 Date of orders: 15 November 2017 Decision date: 15 November 2017 Jurisdiction: Civil Before: Neilson DCJ Decision: Awards at [89] to [94] Catchwords: COAL MINERS WORKERS COMPENSATION – Claims for weekly payments, lump sums and hospital and medical expenses – Plaintiff worked as an underground coal miner from age 17 on 1 February 1968 to 6 April 2014 (45 years) – Numerous injuries – Consideration of medical evidence – Consideration of numerous claims for impairments and losses Legislation Cited: Workers Compensation Act 1926 Workers Compensation Act 1987 Cases Cited: KB Hutcherson Pty Limited v Correia (1995) 183 CLR 50; 11 NSWCCR 213 Summerson v Alcan Australia Ltd (1994) 10 NSWCCR 571 Category: Principal judgment Parties: John William O'Donnell (Plaintiff) Elcom Collieries Pty Ltd (First Defendant) Powercoal Pty Ltd (Second Defendant) Centennial Newstan Pty Ltd (Third Defendant) Panloy Pty Ltd (Fourth Defendant) Sugarloaf Mining Pty Ltd (Fifth Defendant) Centennial Fassifern Pty Ltd (Sixth Defendant) Representation: Counsel: Mr P O'Rourke (Plaintiff) Mr B Odling (Defendant)
Solicitors: Whitelaw McDonald (Plaintiff) Sparke Helmore (Defendant) File Number(s): RJ 35/2016 Publication restriction: Nil
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