Alfarm Ind. v Harding [2001] NSWCC 136

Alfarm Ind. v Harding [2001] NSWCC 136

The respondent worker's financial records showed that, particularly in the financial year ending 30 June 1994, he was able to and did earn more than he probably would have earned in comparable employment had he not been injured. Accordingly the weekly payments for partial incapacity were terminated from 30 June 1994, but no refund was ordered because of the worker's continuing right leg condition and reduced physical work.

Jurisdiction
Australia
Judgment Date
04 September 1995
Procedural Posture
Application to Diminish or Terminate Weekly Workers Compensation Payments / Judgment After Hearing
Outcome
Weekly payments terminated from 30 June 1994; no refund ordered; applicant employer ordered to pay the respondent worker's costs.
Legal Topics
['partial Incapacity' 'termination of Weekly Payments' 'worker Earnings After Injury' 'refund of Compensation Payments' 'costs']
['workers Compensation'] ['partial Incapacity' 'termination of Weekly Payments' 'worker Earnings After Injury' 'refund of Compensation Payments' 'costs']

Case Brief

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Procedural Posture

Application to Diminish or Terminate Weekly Workers Compensation Payments / Judgment After Hearing

Legal Issues

  1. 1 ['Whether weekly payments of $120.75 per week for partial incapacity payable under the award of 9 December 1986 should be diminished or terminated.' "Whether the respondent worker's earnings from the partnership and company demonstrated an earning capacity exceeding comparable pre-injury employment earnings." 'Whether the worker should refund payments made since 30 June 1994.']

Ratio Decidendi

The respondent worker's financial records showed that, particularly in the financial year ending 30 June 1994, he was able to and did earn more than he probably would have earned in comparable employment had he not been injured. Accordingly the weekly payments for partial incapacity were terminated from 30 June 1994, but no refund was ordered because of the worker's continuing right leg condition and reduced physical work.

Court Disposition

Weekly payments terminated from 30 June 1994; no refund ordered; applicant employer ordered to pay the respondent worker's costs.

Orders

  • ['The weekly payments payable under the award of 9 December 1986 are terminated as from 30 June 1994.' 'No order is made that the worker refund payments made since 30 June 1994.' "The applicant employer is to pay the respondent worker's costs of the application for termination and diminution." 'An additional...