BAKER AND ANOR v CRITTENDEN [1995] NSWCA 37

BAKER AND ANOR v CRITTENDEN [1995] NSWCA 37

On the available evidence, the trial judge was entitled to find the worker totally incapacitated and to find a causal connection between the accident and back impairment. The separate awards for limb impairment, though inconsistent with later High Court authority, should not be disturbed because no party challenged the practice at trial and appellate courts do not usually entertain such points raised for the first time on appeal.

Parties
Worker/respondent: Baker; Employer/appellant: Crittenden
Jurisdiction
Australia
Judgment Date
17 July 1995
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Permanent Impairment, Total Incapacity for Work, Causation, Assessment of Compensation, Separate Awards for Loss of Limb Use
Workers' Compensation Personal Injury Permanent Impairment Total Incapacity for Work Causation Assessment of Compensation Separate Awards for Loss of Limb Use

Case Brief

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Parties

Baker

Worker/respondent

Crittenden

Employer/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the worker was totally incapacitated as a result of the accident.
  2. 2 Whether there was a causal connection between the accident and the worker's back impairment.
  3. 3 Whether the trial judge erred in making four separate awards for loss of efficient use of two limbs contrary to High Court authority.

Ratio Decidendi

On the available evidence, the trial judge was entitled to find the worker totally incapacitated and to find a causal connection between the accident and back impairment. The separate awards for limb impairment, though inconsistent with later High Court authority, should not be disturbed because no party challenged the practice at trial and appellate courts do not usually entertain such points raised for the first time on appeal.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.