[Peetwo]

Update to KazCasey case: Via the other Aunty

Pel-Air Aviation appeals nurse's $5 million crash PTSD compensation
By court reporter Karl Hoerr
Posted about 4 hours agoMon 21 Nov 2016, 5:16pm



Photo: Pel-Air crash survivor Karen Casey said she has disturbed sleep, flashbacks, and fears flying. (Four Corners)

A Sydney airline is appealing an order to compensate nurse Karen Casey millions of dollars after she developed post-traumatic stress disorder (PTSD) following a 2009 plane crash.

Ms Casey, 46, was on board a medevac flight when it ditched into the ocean near Norfolk Island in November 2009.

It was transporting an injured patient and her husband from Samoa to Melbourne at the time.

All six people on board survived the crash and were rescued after about 90 minutes in rough seas at night time.

The flight's operator, Pel-Air Aviation, accepted liability for her physical injuries but a NSW Supreme Court judge last year found her PTSD was a "bodily injury", under the Montreal Convention, which governs air crash compensation around the world.
PTSD was therefore found to be compensable, under the convention.

The mother of three was awarded close to $4.9 million.

Airline's lawyers say PTSD is not a bodily injury

Lawyers for Pel-Air have told an appeal hearing, the evidence did not support the findings made by the judge.

According to the original decision, Ms Casey's PTSD "involved an injury to her brain and other parts of her body involved in normal brain function".

Pel-Air argues Justice Monika Schmidt erred in her ruling, because she "did not correctly apply decisions" handed down here and overseas.

The company's appeal submissions also state that Justice Schmidt "misapprehended the expert medical evidence going to the issue".

Four Corners: Crash landing


In 2012, Four Corners talked to the people on board and those involved in the flight, investigating what really happened that fateful night.

The court heard there have been differing views about the issue in courts in the United Kingdom, but rulings in the United States have been consistent.

Pel-Air's barrister Julian Sexton SC said use of the word "bodily" in the convention, shows that not everything was intended to be classified as an injury.

One of the American judgments refers to "palpable to conspicuous physical injury".
Mr Sexton said the US cases "properly interpret Article 17 (of the convention)".

He told the court, the suggestion in the original judgment that Ms Casey has suffered "organic damage" to her brain, was wrong.

"The expert evidence simply does not support that finding," Mr Sexton said.

'Combined' psychiatric and physical disabilities enough: lawyers

Ms Casey's damages included past economic losses, on the basis that she will never be able to work again.

Pel-Air is challenging this finding, as well as an order that the financial management of her funds be paid for, to the tune of around $500,000.

In their written response to the appeal, lawyers for Ms Casey said: "The combined effect of the conceded psychiatric conditions combined with the physical disabilities is such that the trial judge's award of damages can be supported even without reference to the condition of post-traumatic stress disorder."

Ms Casey gave evidence before Justice Schmidt of disturbed sleep, flashbacks, a fear of getting out of her car and of flying.

The hearing is expected to last two days

Absolutely fucking disgusting that Kaz Casey is being put into this position of having to defend her right to compensation.. Especially when the true villain in this is repetitive Federal Governments and their severely flawed self-serving, self-preserving aviation safety agencies and Murky's department - UFB & UF-forgivable IMO...

MTF...P2