ALCAN AUSTRALIA LTD v JORDAN [1995] NSWCA 12

ALCAN AUSTRALIA LTD v JORDAN [1995] NSWCA 12

The employer's obligation under s11(2) was destroyed by the worker's additional incapacity from orthopaedic injuries, negating mutuality and requiring the s11(2) award to be set aside; the s40 award also resulted in overcompensation and must be set aside; separate s40 awards for each orthopaedic incapacity are not authorised when arising from the same injury.

Parties
Appellant: Alcan Australia Ltd; Respondent: Jordan
Jurisdiction
Australia
Judgment Date
21 June 1995
Procedural Posture
Workers Compensation Appeal / Court of Appeal Decision
Outcome
Appeal allowed; cross-appeal dismissed; orders for reconsideration and costs.
Legal Topics
Partial Incapacity, Mutuality Under S11(2), Separate Awards for Multiple Disabilities, Overcompensation, Transitional Provisions of 1987 Act
Workers Compensation Partial Incapacity Mutuality Under S11(2) Separate Awards for Multiple Disabilities Overcompensation Transitional Provisions of 1987 Act

Case Brief

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Parties

Alcan Australia Ltd

Appellant

Jordan

Respondent

Procedural Posture

Workers Compensation Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether additional incapacities negate the employer's obligation under s11(2) to provide suitable employment
  2. 2 Whether the Compensation Court erred in making simultaneous s11(2) and s40 awards resulting in overcompensation
  3. 3 Whether separate awards should be made for different partial incapacities arising from the same injury

Ratio Decidendi

The employer's obligation under s11(2) was destroyed by the worker's additional incapacity from orthopaedic injuries, negating mutuality and requiring the s11(2) award to be set aside; the s40 award also resulted in overcompensation and must be set aside; separate s40 awards for each orthopaedic incapacity are not authorised when arising from the same injury.

Court Disposition

Appeal allowed; cross-appeal dismissed; orders for reconsideration and costs.

Orders

  • Appeal allowed with costs.
  • Cross-appeal dismissed with costs.