CQ mine manager wins $330,000 payout from insurer
THE general manager of a Central Queensland mine has won almost $330,000 from his insurer after a car accident left him with ongoing back problems.
Justice Duncan McMeekin handed down his judgement in the Rockhampton Supreme Court earlier this month.
The 41-year-old man claimed his injuries could result in a future economical loss, as well as ongoing medical expenses.
The accident occurred in July, 2011.
At the time, the man was the general manager at BMA's Gregory Crinum mine.
In October this year, he took on the same role at Saraji mine.
In the decision, it states the man has a gross income in excess of $750,000 a year.
Justice McMeekin said it was clear from the man's work history he is a valuable employee.
Counsel for the plaintiff submitted the man had a long working life ahead of him and over such a period there was a very real risk he would not be able to continue to cope with the pain caused by his injuries.
Justice McMeekin was also told the man has a young family to consider, including a son who requires special care.
The defendant, AAI Ltd, argued the man had coped with his work so far, maintaining his employment and even receiving a significant increase in income.
However, Justice McMeekin found that while in the short term it was highly unlikely the man's employment was in danger, there was a long-term risk.
"He may retire a little earlier," he said.
"He may, in the distant future, cut back on his hours. These are imponderables not capable of calculation but the risk is real enough."
Justice McMeekin assessed the damages to be paid as $329,161.78.