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Mine worker denied further compensation from work injury

A MACHINE operator injured after working just eight days at a Moranbah mine site, has been knocked back after trying to claim more than $1 million in compensation.

Lawrence William Phillips, 55, appealed an earlier compensation deal in which the court awarded him $413,082 after a scraper he was driving for MCG Group lost traction and slid down a slope on August 28, 2008.

He was first hired by MCG on August 17, with four days off after August 24.

The jolt of the accident did further damage to his already vulnerable back, forcing him into hospital and out of MCG's workforce.

Phillips returned to court on Tuesday to fight for $630,000 in future lost earnings, almost triple what he was earlier given, as part of an overall claim for $1.045 million.

On Tuesday, the Queensland Court of Appeal reviewed testimony from the original claim, including from medical experts who gave conflicting advice about what injuries Phillips suffered.

One described him as having a long history of back problems and being "reliant on long term narcotics for pain relief" which suggested his back problems likely existed before the crash.

In 1992, Phillips had back surgery which included having metal being inserted into his spine.

A second expert, which was relied on by Phillips' legal team, found he may have worked through to this early 60s had this incident not occurred.

After revisiting the evidence, the result remained the same.

Each of the three judges, Hugh Fraser, Margaret White and Martin Daubney, agreed there was no case for further compensation.

They agreed with the earlier judge who pointed to the amount of pain medication being regularly taken by Phillips as evidence he was not going to be able to work long term if it put stress on his back.

The appeal was dismissed.

Topics:  compensation moranbah queensland court of appeal


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