Employment Liability for Cardiac Conditions

NSW Caselaw (corte não mapeada: NSWCC)

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📜 Headnote Official document

The court dismissed the claimant's argument that their cardiac condition was caused by their employment, relying on medical evidence indicating no connection between the two.

📚 Full judgment Official document

[ADDRESS] of New South Wales

CITATION : [NAME] v [COMPANY] [2001] NSWCC 63 PARTIES : [NAME] [COMPANY](S) : 39910 of 1999 JUDGMENT OF: Armitage J at 1 CATCHWORDS: Statutes & Delegated Legislation :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 9 May 2001 EX TEMPORE JUDGMENT DATE : 05/09/2001

FOR APPLICANT: [redacted] LEGAL REPRESENTATIVES: FOR RESPONDENT:[redacted]

JUDGMENT:

1. I find that the applicant's cardiac condition and his medical treatment and hospitalisation resulting from it did not result from injury arising out of or in the course of the applicant's employment with either respondent. That finding is made on the basis of the medical evidence before me which in the case of [NAME], the applicant's treating cardiologist, indicates that [NAME] is not able to say on the balance of probabilities that there is any relationship between the cardiac condition and the applicant's work and also on the basis of the evidence, also in report form, of [NAME] in the respondent's case who indicates that there is quite positively no connection between the applicant's employment and his heart condition.

2. I am firmly of the belief that if that question were litigated on the evidence available to me at the present time, particularly that of [NAME] - who is, after all, as the treating physician in the best position to say - that the applicant's claim would have failed, and in those circumstances I am quite prepared - and I regard it as totally appropriate - to make the finding sought.

3. I make orders in accordance with the short minutes of order initialled by me and placed with the papers. [NAME] instructed by [COMPANY] appeared for the applicant [NAME] instructed by [NAME] appeared for the respondent

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