Grasstree Mine, Middlemount, is owned by Anglo Coal.
Grasstree Mine, Middlemount, is owned by Anglo Coal.

CQ mine claims $2m lawsuit not backed up by medical data

A MINING company and a contractor have denied responsibility for alleged workplace injuries of a Central Queensland miner who has lodged a claim for $2.3 million.

Daniel Molloy, 64, of Mount Ossa, Mackay, filed a lawsuit to the Rockhampton Supreme Court against Anglo Coal and Whisper Mining Services.

Anglo Coal is being sued at the operators of the mine while Whisper Mining Services were the emloyers.

Mr Molloy was employed at Grasstree mine, Middlemount, as an explosive risk zone controller/ deputy.

The alleged incident occurred on May 13, 2017.

Mr Molloy claimed he was required to wheel a trolley filled with tools, nitrogen bottle and regulator bottle, that weighed about 25 to 30kg.

Mr Molloy alleged when he was "pulling/dragging" the trolley up a "step/threshold of a doorway, his right leg, slipped and he lost grip with his right hand and fell backwards".

As a result of the incident, Mr Molloy claimed he suffered an aggravation of his spine and disc protrusion, right knee meniscus tear and inflamed shoulder and restriction in range of motion.

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Mr Molloy claimed he has experienced and would continue to suffer pain, discomfort and inconvenience.

For loss and damage Mr Molloy claimed $2,365,892.25.

This included a past economic loss of $390,000 and a future economic loss of $1,422,000.

There is also a claim for $185,220 for six hours per week of future paid care and assistance.

Ingham company Roati Legal are representing Mr Molloy.

Cooper Grace Ward Lawyers Brisbane filed a defence last month on behalf of Whisper Mining Services.

They claimed the trolley was routinely handled by Mr Molloy in his course of employment.

Whisper Mining Services further denied Mr Molloy had to pull the trolley through the doorway and "the tyres would navigate the threshold".

Hall and Wilcox lawyers Brisbane filed a defence on behalf of Anglo Coal.

Anglo Coal claimed the allegations of the incident were vague and unclear and Mr Molloy was required "to manoeuvre the trolley in compliance with the usual manual handling procedures" and "common sense".

Anglo Coal defended the claim, stating they have a Stop, Look, Assess and Management (SLAM) assessment in place for such procedures and if an unacceptable level of risk was determined, a Job Safety Analysis (JSA) was to be carried out.

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Anglo Coal state if the alleged fall did occur on May 13, 2017, the loss and damage would be minimal and for a brief period of time.

Both defendants also denied the allegations on the basis there was no report of the incident filed.

It was further stated by Whisper Mining Services Mr Molloy "had not reported any difficulty or concern utilising a trolley in the manner alleged".

Both defendants argued the injuries and state Mr Molloy suffered from pre-existing and unrelated medical conditions.

Whisper Mining Services claimed Mr Molloy suffered pain in his groin, thigh, hip and knee for several weeks prior to the alleged incident.

They further stated Mr Molloy's current or future symptoms were "caused or contributed by degenerative conditions".

Whisper Mining Services claimed Mr Molloy failed to take "appropriate care" as he manoeuvred the trolley, failed to "secure his footing and/or his grip on the trolley" and "failed to complete a SLAM assessment" to identify any risks.

Anglo Coal stated Mr Molloy had manoeuvred the trolley on "many previous occasions" prior to the alleged fall and he "did not exercise reasonable care" to support himself and "the primary cause" of Mr Molloy's injuries" was his failure to "take due care for his own safety".



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