Tyndall v Kestrel Coal Pty Ltd (No 3)
[2021] QSC 119 · Crow J
Jamie Tyndall was an underground coal miner at the Kestrel Mine who spent long shifts driving heavy underground loaders. The loaders vibrated heavily and he gripped the steering wheel tightly for seven to nine hours per shift. Over several months in 2015 and 2016 he developed pain, discolouration and loss of blood flow in his left hand, diagnosed as vibration induced white finger syndrome. The main dispute was whether his hand condition was caused by the vibrating loaders or by a pre-existing circulatory disease linked to his heavy smoking. After weighing competing expert evidence, the judge preferred the doctors who linked the injury to the loader vibration and found the employer had failed to limit his exposure as its own safety reports recommended. The court rejected the employer's argument that he had failed to look for lighter work. The judge assessed his total damages at about $1.48 million, with most of that for his lost earning capacity to retirement age.
Incident & injury
Prolonged operation of underground mine loaders with whole-body and hand/arm vibration, gripping the vibrating steering wheel, causing vibration induced white finger syndrome
- Body regions
- Hand, Left hand/upper limb (Left)
- Diagnoses
- Vibration-induced white finger syndrome, Hand-arm vibration syndrome, Digital artery occlusion (left fourth finger)
- Incident date
- 9 March 2016
- Location
- Kestrel Mine (underground coal mine), near Emerald, Queensland
Quick facts
- Date of judgment
- 27 May 2021
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- ~45 (inferred)
- Occupation
- Underground coal mine operator/maintainer (loader driver) Machinery Operator / Driver
- Liability
- Partial
- ISV assessed
- 8
- Total damages
- $1,483,319
Outcome
The court found Kestrel breached its duty of care by exposing the plaintiff to excessive vibration from prolonged loader operation, causing vibration induced white finger syndrome, and rejected the defendant's contention that the condition was pre-existing Buerger's disease. Damages were assessed at $1,483,318.57 after WorkCover refund.
Defendant
1 Kestrel Coal Pty Ltd
Employer
- Apportionment
- 100%
- Judgment against this defendant
- $1,483,319
- WorkCover refund
- $83,394
Heads of damage
| General damages | $11,990 |
|---|---|
| Past economic loss | $484,154 |
| Interest on past EL | $16,149 |
| Past superannuation | $41,222 |
| Future loss of economic capacity | $875,000 |
| Future superannuation | $99,838 |
| Past special damages (plaintiff) | $5,118 |
| Past special damages (WorkCover) | $11,625 |
| Interest on past special damages | $85 |
| Fox v Wood | $21,530 |
| Subtotal before refunds | $1,556,712 |
Key issues
Tyndall v Kestrel Coal Pty Ltd (No 3) [2021] QSC 119
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