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New South Wales |
Case Name: | MacKay v EDMS Human Capital Pty Limited |
Medium Neutral Citation: | [2015] NSWDC 77 |
Hearing Date(s): | 24 - 25 March 2015 |
Date of Orders: | 25 March 2015 |
Decision Date: | 25 March 2015 |
Jurisdiction: | Civil |
Before: | Neilson DCJ |
Decision: | Determination that on 19 April 2012 the plaintiff sustained personal injury in a motorcycle accident on a periodic journey between his place of abode and his place of employment in order to work in or about a coal mine |
Catchwords: | WORKERS COMPENSATION – Coal miners – Whether plaintiff worked in or about a coal mine – Whether plaintiff injured on periodic journey between place of abode and place of employment – Injury occurred prior to formal induction whilst plaintiff performing observational training |
Legislation Cited: | Evidence Act 1995 |
Cases Cited: | |
Category: | Procedural and other rulings |
Parties: | Jesse Brenden MacKay (Plaintiff) |
Representation: | Counsel: |
File Number(s): | RJ315/14 |
Publication Restriction: | No |
JUDGMENT
HIS HONOUR: On 17 July 2014 the plaintiff, Mr Jesse Brenden Mackay filed a statement of claim in this Court and entered it in the Coal Miners' Workers Compensation List. The plaintiff was granted leave to proceed on an amended statement of claim filed on 10 March 2015. The only relevant amendment was to par 1 of the statement of claim and clearly was in response to criticism I had made of a pleading in Butt v Liebherr Australia Pty Ltd [2015] NSWDC 3 at [34].
The plaintiff claims lump sum compensation under s 66 for 30% loss of efficient use of his left leg at or above the knee; 15% loss of efficient use of the left leg below the knee; 30% loss of efficient use of the right leg at or above the knee; 15% loss of efficient use of the right leg below the knee and 30% of the efficient use of his left arm at or above the elbow and a consequential lump sum under s 67 of the Workers Compensation Act 1987 for 50% of a most extreme case of pain and suffering, anxiety and distress resulting from the losses claimed. I should point out that it is completely erroneous in law to make a claim in respect of both a leg at or above the knee and a leg below the knee, the leg at or above the knee means the whole leg. That is established by Stokes v Brambles Australia Ltd (1994) 10 NSWCCR 515.
The issue
The issue currently before me is that tendered by the amended defence filed on 19 March 2015 upon which I granted leave to the defendant to rely. The first two paragraphs of that defence are these:
"1. That the Plaintiff is not a coal miner for the purposes of Workers Compensation Act 1987.
2. The Defendant does not admit that the…
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- Case
- [2015] NSWDC 77
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the motorcycle accident fell within the scope of the workers' compensation legislation and whether Mr. MacKay's activities at the time of the accident constituted work in or about a coal mine. The court had to interpret the relevant provisions of the Workers Compensation Act, specifically whether the injury occurred during a journey between his place of abode and place of employment and if it was in the course of employment, even though the plaintiff was not yet formally inducted.
The court found that the motorcycle accident was part of the plaintiff's journey to work, and the observational training constituted work in or about a coal mine. The court determined that the plaintiff's activities at the time of the accident were preparatory and incidental to his employment. The court held that the injury was sustained in the course of employment and was compensable under the Workers Compensation Act.
The court ordered that on 19 April 2012, Mr. MacKay sustained personal injury in a motorcycle accident on a periodic journey between his place of abode and his place of employment in order to work in or about a coal mine.
Orders
Orders of the court
Determination that on 19 April 2012 the plaintiff sustained personal injury in a motorcycle accident on a periodic journey between his place of abode and his place of employment in order to work in or about a coal mine
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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