ANTHONY KONSIATORIS v WARMAN INTERNATIONAL LTD [1990] NSWCA 110

ANTHONY KONSIATORIS v WARMAN INTERNATIONAL LTD [1990] NSWCA 110

The appellant's refusal to undergo minor surgery was, on all the evidence and applying the appropriate legal test from his point of view, found to be unreasonable; any error would have been of fact, not law, and thus not a ground for appeal.

Parties
Appellant: Anthony Konsiatoris; Respondent: Warman International Ltd
Jurisdiction
Australia
Judgment Date
19 June 1990
Procedural Posture
Workers Compensation Appeal / Appeal From Trial Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Unreasonable Refusal to Undergo Medical Treatment, Onus of Proof in Compensation Claims
Workers Compensation Unreasonable Refusal to Undergo Medical Treatment Onus of Proof in Compensation Claims

Case Brief

Summary, issues, holding and outcome

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Parties

Anthony Konsiatoris

Appellant

Warman International Ltd

Respondent

Procedural Posture

Workers Compensation Appeal / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether the appellant unreasonably refused to undergo operative treatment
  2. 2 Whether the trial judge applied the correct legal test regarding unreasonable refusal
  3. 3 Whether the onus of proof was properly placed on the respondent

Ratio Decidendi

The appellant's refusal to undergo minor surgery was, on all the evidence and applying the appropriate legal test from his point of view, found to be unreasonable; any error would have been of fact, not law, and thus not a ground for appeal.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal is dismissed with costs