Evans v OTC/Telstra Pty Ltd [1998] NFSC 2

Evans v OTC/Telstra Pty Ltd [1998] NFSC 2

Although loss of amenities and enjoyment of life may establish deemed incapacity under s 28(3) and thereby qualify an employee for lump sum compensation, it cannot be the subject of a separate free-standing award or used to increase the lump sum. The amount must be calculated exclusively under ss 31 and 32 by reference to the assessed percentage of permanent loss or impairment of function and the prescribed amount.

Jurisdiction
Australia
Judgment Date
04 September 1998
Procedural Posture
Appeal From a Determination of the Employment Tribunal Pursuant to Section 91 of the Employment Act 1988 / Appeal Dismissed
Outcome
Appeal dismissed with costs.
Legal Topics
['lump Sum Compensation' 'permanent Loss or Impairment of Function' 'loss of Amenities and Enjoyment of Life' 'construction of Employment Act 1988 Part Iii']
["workers' Compensation" 'employment Law'] ['lump Sum Compensation' 'permanent Loss or Impairment of Function' 'loss of Amenities and Enjoyment of Life' 'construction of Employment Act 1988 Part Iii']

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Procedural Posture

Appeal From a Determination of the Employment Tribunal Pursuant to Section 91 of the Employment Act 1988 / Appeal Dismissed

Legal Issues

  1. 1 ['Whether a claim for lump sum compensation under the Employment Act 1988 can include a specific additional amount for loss of amenities and enjoyment of life in addition to the lump sum calculated under the Act.']

Ratio Decidendi

Although loss of amenities and enjoyment of life may establish deemed incapacity under s 28(3) and thereby qualify an employee for lump sum compensation, it cannot be the subject of a separate free-standing award or used to increase the lump sum. The amount must be calculated exclusively under ss 31 and 32 by reference to the assessed percentage of permanent loss or impairment of function and the prescribed amount.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed with costs.']