Australian Iron & Steel Ltd v Connell [1959] HCA 54

Australian Iron & Steel Ltd v Connell [1959] HCA 54

Since there was no evidence that the act of walking, undertaken by the deceased in the course of his journey to work, caused or contributed to his death apart from the natural progress of his existing coronary disease, no compensable 'injury' within the meaning of the Workers' Compensation Act arose. The connection...

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
['causation in Compensation Law' "definition of Injury Under Workers' Compensation Act" 'diseases Arising Out of Employment']
["workers' Compensation" 'statutory Interpretation'] ['causation in Compensation Law' "definition of Injury Under Workers' Compensation Act" 'diseases Arising Out of Employment']

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ["Whether the worker’s death from coronary sclerosis arose out of or in the course of employment within the meaning of the Workers' Compensation Act 1926 (NSW)" "Whether physical exertion during a journey to work can constitute an 'injury' for compensation where there is pre-existing disease" 'Whether there was evidence to support the finding that the journey or exertion effectively caused or contributed to the death']

Ratio Decidendi

Since there was no evidence that the act of walking, undertaken by the deceased in the course of his journey to work, caused or contributed to his death apart from the natural progress of his existing coronary disease, no compensable 'injury' within the meaning of the Workers' Compensation Act arose. The connection between death and employment was not established, so compensation does not lie.

Court Disposition

Appeal allowed

Orders

  • ['Order of the Supreme Court discharged' 'In lieu thereof order that the questions in the case stated be answered (1) No; (2) No; (3) No;' 'Respondent Rita May Connell to pay the costs in the Supreme Court to the appellant Australian Iron & Steel Limited' 'Appeal allowed with costs']