Hector v Thiess Pty Limited

District Court

New South Wales

Medium Neutral Citation:

Hector v Thiess Pty Limited and others [2020] NSWDC 228

Hearing dates:

6-7 May 2020

Date of orders:

07 May 2020

Decision date:

07 May 2020

Before:

Neilson DCJ

Decision:

See [80] to [85]

Catchwords:

Coal Miner’s Workers Compensation – Claims for weekly payments and lump sums – P employed by 1D as a technician and later supervisor of a Coal Handling Processing Plant (CHPP) (formerly known as a “washery”) at Mt Owen Mine - P later employed by 2D and 3D as an electrical technician and later electrical supervisor of CHPP at Liddell - Consideration of such duties, compared to underground coal mining and work in an open cut mine.

 

P developed osteoarthritis/degenerative disease in neck, shoulders, thoracic spine, hips and knees - Conflicting medical evidence on causation – Internal inconsistencies in P’s medical evidence - Court not assisted by recitation by experts of formulae - Need to explain why conditions were work related.

Lump sum compensation – Deductible proportion – WCA 1987 s68A as enacted by Act No 89 of 1995 applied to coal miners, not s68A and s168B enacted by Act No 120 of 1996 - Deductible proportion only applies to impairment of the back, neck and pelvis - Rules in Rodios v Trefle still applies to all other losses – at [77].

Legislation Cited:

Workers Compensation Act 1987
Workers Compensation (General) Regulation 1995
WorkCover Legislation Amendment Act 1995 No. 89
WorkCover Legislation Amendment Act 1996 No. 120

Cases Cited:

Radios v Trefle [1937] WCR
285

Category:

Principal judgment

Parties:

(Plaintiff) Andrew Clifton Hector
(1st Defendant) Thiess Pty Ltd
(2nd Defendant) Liddell Coal Preparation Plant Pty Limited
(3rd Defendant) Liddell Coal Operations Pty Limited

Representation:

Counsel:
(Plaintiff) P. O’Rourke
(Defendant) S. McMahon

  Solicitors:
(Plaintiff) Whitelaw McDonald
(Defendant) Sparke Helmore Lawyers

File Number(s):

RJ00088/18

Publication restriction:

Nil.

Judgment

1. HIS HONOUR: The plaintiff, Mr Andrew Clifton Hector, claims weekly payments of compensation from 15 September 2017 to date and continuing. He also claims lump sum compensation under s 66 for 30% impairment of his neck, 50% permanent loss of efficient use of his right leg at or above the knee, 40% permanent loss of efficient use of his left leg at or above the knee, 30% permanent loss of efficient use of his right arm at or above the elbow, 30% permanent loss of efficient use of his left arm at or above the elbow, and a consequential lump sum for pain and suffering, anxiety and distress resulting from that impairment and those losses pursuant to s 67. He also claims specific expenses under s 60, but, as the case has been presented and argued, only general orders in respect of certain areas of treatment are sought. The statement of claim also claims “costs and disbursements”, which is not a claim for compensation and ought not be pleaded. There is also a claim for interest, but as I understand it no interest is payable in respect of workers compensation payments at…