O'Donnell v Elcom Collieries Pty Ltd - [2017] NSWDC 462

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

Judgment

HIS HONOUR: The plaintiff John William O'Donnell was a coal miner. He claims weekly payments of compensation from 7 April 2014 to 1 March 2016. On 1 March 2016 the plaintiff achieved his 66th anniversary. His claim for weekly payments must, as a matter of law, finish on the day before his 66th birthday. He also claims lump sum compensation under s 66 for the permanent impairment of his back, the permanent impairment of his neck, the loss of efficient use of each of his arms at or above the elbow, the loss of efficient use of each of his hands, the loss of efficient use of each of his legs at or above the knee and also the loss of efficient use of each of his legs at or below the knee and a consequential lump sum for pain and suffering anxiety and distress resulting from those impairments and losses.

Employment history

The plaintiff left school at the age of 16 years and joined the Post Office. Later he had worked as a labourer with the Wire Rope Works company at Waratah in the Lower Hunter Valley. On 1 February 1968 the plaintiff joined the coal mining industry. He was then 17 years old. A month and a few days later he achieved his 18th anniversary. He first worked at the Mount Sugarloaf Colliery. He started there, as I said, on 1 February 1968. He finished up there in 1976 and moved to the West Wallsend Number 2 Colliery where he took up employment with J and A Brown and Abermain Seaham Collieries Limited. On 15 January 1979 he moved on to the Stockrington Number 2 Colliery. On 31 January 1979 he went to the Myuna Colliery. On 5 December 1979 he commenced working at…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading O'Donnell v Elcom Collieries Pty Ltd

Details

AGLC: O'Donnell v Elcom Collieries Pty Ltd [2017] NSWDC 462
Case: [2017] NSWDC 462
Decision Date: 15 November 2017

CaseChat Overview and Summary

The plaintiff, Mr. O'Donnell, who had worked as an underground coal miner for Elcom Collieries Pty Ltd from 1968 to 2014, brought claims against the defendant for weekly payments, lump sums, and hospital and medical expenses. Over his 45-year career, he had sustained numerous injuries. The court was tasked with considering the medical evidence and various claims for impairments and losses to determine the appropriate compensation.

The central legal issues revolved around the extent of Mr. O'Donnell's injuries, the causation of these injuries, and the appropriate quantum of compensation. The court needed to weigh the medical evidence, assess the impact of the injuries on the plaintiff's ability to work, and evaluate the claims for impairments and losses. It was also necessary to consider the cumulative effect of the injuries and the overall contribution of the defendant's actions to the plaintiff's condition.

The court carefully examined the medical evidence and testimonies presented. It found that Mr. O'Donnell had indeed suffered from numerous injuries over the years, some of which were directly attributable to the defendant's negligence. The court determined the appropriate compensation for weekly payments, lump sums, and hospital and medical expenses based on the evidence and the statutory guidelines. The court concluded that the defendant was liable for the injuries sustained by the plaintiff and awarded compensation accordingly.

The court made specific awards at paragraphs [89] to [94], detailing the amounts for weekly payments, lump sums, and hospital and medical expenses. These awards were based on the findings regarding the nature and extent of the injuries, the causation, and the appropriate compensation under the relevant workers' compensation legislation.

Orders

Orders of the court

Awards at [89] to [94]

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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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