MANNING v NEW SOUTH WALES SUGAR MILLING CO-OPERATIVE LTD [2003] NSWCA 230

MANNING v NEW SOUTH WALES SUGAR MILLING CO-OPERATIVE LTD [2003] NSWCA 230

The facts did not permit a finding that the deceased's cardiac arrhythmia was a personal injury within s4(a) of the Workers Compensation Act 1987 because there was no evidence of rupture, breaking or tearing as an ingredient or consequence of the disease. Nor could the disease be treated as an injury under s4(b)(i) because it was not contracted in the course of employment. The injury from which death resulted was therefore the 1979 injury that made the deceased quadriplegic, suffered before commencement of the 1987 Act, so Sch 6 Pt 3 cl 2 applied and compensation was payable under the former Act.

Jurisdiction
Australia
Judgment Date
28 August 2003
Procedural Posture
Workers Compensation Appeal / Appeal From the Compensation Court of New South Wales
Outcome
Appeal dismissed with costs.
Legal Topics
['compensation Payable on Death' 'definition of Injury' 'disease of Gradual Process' 'savings and Transitional Provisions' 'journey Injuries']
['workers Compensation'] ['compensation Payable on Death' 'definition of Injury' 'disease of Gradual Process' 'savings and Transitional Provisions' 'journey Injuries']

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Procedural Posture

Workers Compensation Appeal / Appeal From the Compensation Court of New South Wales

Legal Issues

  1. 1 ["Whether the appellant widow was entitled to death benefits under s25 of the Workers Compensation Act 1987 rather than the Workers' Compensation Act 1926." 'Whether the cardiac arrhythmia or diseases of gradual process from which the deceased died were a personal injury within par (a) of s4 of the Workers Compensation Act 1987.' 'Whether the deceased received an injury after the commencement of Division 1 of Part 3 of the Workers Compensation Act 1987 for the purposes of Sch 6 Pt 3 cl 2(6).']

Ratio Decidendi

The facts did not permit a finding that the deceased's cardiac arrhythmia was a personal injury within s4(a) of the Workers Compensation Act 1987 because there was no evidence of rupture, breaking or tearing as an ingredient or consequence of the disease. Nor could the disease be treated as an injury under s4(b)(i) because it was not contracted in the course of employment. The injury from which death resulted was therefore the 1979 injury that made the deceased quadriplegic, suffered before commencement of the 1987 Act, so Sch 6 Pt 3 cl 2 applied and compensation was payable under the former Act.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']