Liddell Coal Operations Pty Ltd v Hector

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Court of Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Liddell Coal Operations Pty Limited v Hector [2021] NSWCA 47
Hearing dates: 16 March 2021
Date of orders: 26 March 2021
Decision date: 26 March 2021
Before: Basten JA at [1]
Gleeson JA at [2]
McCallum JA at [57]
Decision:

(1)   Appeal dismissed.

(2)   Appellant to pay the respondent’s costs.

Catchwords:

WORKERS COMPENSATION – coal miners – whether employment was a contributing factor to aggravation, acceleration, exacerbation or deterioration of a disease – where worker suffered from a degenerative condition of osteoarthritis to his right knee – whether primary judge erred in point of law in finding work injury – Workers Compensation Act 1987 (NSW), s 4(b)(ii)

Legislation Cited:

District Court Act 1973 (NSW), s 142N

Workers Compensation Act 1987 (NSW), ss 4, 60, 66, 67

Cases Cited:

Ambulance Service of New South Wales v Daniel (2000) 19 NSWCCR 697; [2000] NSWCA 116

Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139

Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088

Goodwin v Commissioner of Police [2010] NSWCA 239

Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390; [2010] HCA 32

Category:Principal judgment
Parties: Liddell Coal Operations Pty Limited (Appellant)
Andrew Clifton Hector (Respondent)
Representation:

Counsel:
L King SC / S McMahon (Appellant)
B Dooley SC / P O’Rourke (Respondent)

Solicitors:
Sparke Helmore Lawyers (Appellant)
Whitelaw McDonald Lawyers (Respondent)
File Number(s): 2020/166721
 Decision under appeal 
Court or tribunal:
District Court of New South Wales
Jurisdiction:
Civil (Coal Miners’ Workers Compensation List)
Citation:

[2020] NSWDC 228

Date of Decision:
8 May 2020
Before:
Neilson DCJ
File Number(s):
RJ00088/18

HEADNOTE

[This headnote is not to be read as part of the judgment]

The respondent, Mr Andrew Hector, was employed as an electrical technician and electrical shift supervisor in the coal industry, including by the appellant, Liddell Coal Operations Pty Limited (Liddell). Mr Hector’s employment required him to carry heavy tools and move frequently around the coal washery plant, including up and down stairs, walkways and ladders over six levels. In 2010, Mr Hector began experiencing pain in his right knee. He was diagnosed in 2011 as having a pre-existing degenerative condition, being osteoarthritis of the right knee. He underwent knee replacement surgery in 2016 and 2017. His employment was terminated in 2017.

The essential issue in the proceedings below was whether Mr Hector’s employment with the appellant contributed to an aggravation, acceleration or exacerbation of a disease, being osteoarthritis in his right knee. The trial judge (Neilson DCJ) found that it had and made an award of weekly benefits and compensation.

Liddell appealed asserting an error in point of law that there was no evidence on which the trial judge could have made the finding of injury within s 4(b)(ii) of the Workers Compensation Act 1987 (NSW).

Held, dismissing the appeal (per Gleeson JA; Basten and McCallum JJA agreeing):

It was open to the trial judge to prefer…

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Details
Case
[2021] NSWCA 47
Decision Date

CaseChat Overview and Summary

Liddell Coal Operations Pty Ltd appealed to the Court of Appeal of New South Wales against a decision of the primary judge who had found that the respondent, a coal miner, had suffered a work injury. The dispute concerned whether the respondent's employment as a coal miner was a contributing factor to the aggravation, acceleration, exacerbation, or deterioration of his pre-existing degenerative condition of osteoarthritis in his right knee, as contemplated by section 4(b)(ii) of the *Workers Compensation Act 1987* (NSW).

The central legal issue before the Court of Appeal was whether the primary judge had erred in point of law in finding that the respondent's employment constituted a work injury. This required the court to consider the application of section 4(b)(ii) of the Act to the facts of the case, specifically whether the evidence supported a causal link between the physical demands of the respondent's work and the progression of his knee condition.

The Court of Appeal dismissed the appeal, upholding the primary judge's finding. The court reasoned that the primary judge had correctly applied the principles of causation under the *Workers Compensation Act 1987* (NSW). The evidence presented, including medical opinions, established that the repetitive and strenuous nature of the respondent's work as a coal miner had indeed contributed to the aggravation and deterioration of his osteoarthritis. The court found no error of law in the primary judge's assessment of this evidence and the resulting conclusion that the employment was a contributing factor to the worker's condition.

Consequently, the appeal was dismissed, and the appellant, Liddell Coal Operations Pty Ltd, was ordered to pay the respondent's costs.

Orders

Orders of the court

(1) Appeal dismissed.

(2) Appellant to pay the respondent’s costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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