GIO WORKER'S COMPENSATION (NSW) LIMITED v EATON [1996] NSWCA 215

GIO WORKER'S COMPENSATION (NSW) LIMITED v EATON [1996] NSWCA 215

The primary cause of the plaintiff's post traumatic myelomalacia, incapacity, and economic loss was the Somersby incident of 1982; the Mount Kuring-gai incident was only a minor exacerbation, insufficient to constitute a 'serious injury' under s 151H. The trial judge did not err in apportioning damages or in his assessment of earning capacity, general damages, or future economic loss except for agreed variations in computation. No error was shown warranting appellate intervention on causation or quantum of damages.

Parties
Appellant/third Party: GIO Worker's Compensation (NSW) Limited; Plaintiff/first Respondent: Stephen Allan Eaton; Second Respondent/defendant: Commissioner of Main Roads (RTA)
Jurisdiction
Australia
Judgment Date
26 August 1996
Procedural Posture
Appeal on Third Party Notice in Workers Compensation Personal Injury Action / Court of Appeal Judgment
Outcome
Appeal by GIO allowed only to the extent of adjustments to future economic loss and corrected interest calculations; otherwise dismissed.
Legal Topics
Assessment of Damages, Serious Injury Definition Under S151 H, Apportionment of Liability, Future Economic Loss, Past Economic Loss, Discount for Vicissitudes
Personal Injury Workers Compensation Assessment of Damages Serious Injury Definition Under S151 H Apportionment of Liability Future Economic Loss Past Economic Loss Discount for Vicissitudes

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Parties

GIO Worker's Compensation (NSW) Limited

Appellant/third Party

Stephen Allan Eaton

Plaintiff/first Respondent

Commissioner of Main Roads (RTA)

Second Respondent/defendant

Procedural Posture

Appeal on Third Party Notice in Workers Compensation Personal Injury Action / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the injury suffered on 3 December 1991 constituted a 'serious injury' within the meaning of s 151H Workers Compensation Act 1987 and affected assessment of damages
  2. 2 The extent to which post traumatic myelomalacia and incapacity were caused or contributed to by the Mount Kuring-gai incident compared to the Somersby incident
  3. 3 Whether the trial judge erred in findings as to plaintiff's residual earning capacity and amount of damages, including discount for vicissitudes and general damages

Ratio Decidendi

The primary cause of the plaintiff's post traumatic myelomalacia, incapacity, and economic loss was the Somersby incident of 1982; the Mount Kuring-gai incident was only a minor exacerbation, insufficient to constitute a 'serious injury' under s 151H. The trial judge did not err in apportioning damages or in his assessment of earning capacity, general damages, or future economic loss except for agreed variations in computation. No error was shown warranting appellate intervention on causation or quantum of damages.

Court Disposition

Appeal by GIO allowed only to the extent of adjustments to future economic loss and corrected interest calculations; otherwise dismissed.

Orders

  • Damages for future economic loss to be adjusted to $319,178.47
  • Corrected interest on past economic loss to be $20,893.85 instead of a higher amount; total past economic loss to be $108,158.20