BARCLAY MOWLEM CONSTRUCTION LTD v DONALDSON [1994] NSWCA 18

BARCLAY MOWLEM CONSTRUCTION LTD v DONALDSON [1994] NSWCA 18

A worker is entitled to compensation under s38(4) of the Workers Compensation Act 1987, following a period of rehabilitation training under s38(2), for so much of the unexpired period of 34 weeks as is necessary to obtain suitable employment, provided statutory conditions are fulfilled and the periods fall within the statutory maximum; s38(2) and s38(4) are not mutually exclusive and can be applied sequentially as circumstances require.

Parties
Appellant: Barclay Mowlem Construction Ltd; Respondent: Donaldson
Jurisdiction
Australia
Judgment Date
18 August 1994
Procedural Posture
Workers Compensation Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Partial Incapacity, Weekly Payments, Rehabilitation Training, Statutory Construction, Workers Compensation Act 1987 S38
Workers Compensation Partial Incapacity Weekly Payments Rehabilitation Training Statutory Construction Workers Compensation Act 1987 S38

Case Brief

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Parties

Barclay Mowlem Construction Ltd

Appellant

Donaldson

Respondent

Procedural Posture

Workers Compensation Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether entitlement to weekly compensation under s38(4) of the Workers Compensation Act 1987 continues after completion of rehabilitation training when suitable employment has not been obtained
  2. 2 Whether provisions of s38(2) and s38(4) are mutually exclusive

Ratio Decidendi

A worker is entitled to compensation under s38(4) of the Workers Compensation Act 1987, following a period of rehabilitation training under s38(2), for so much of the unexpired period of 34 weeks as is necessary to obtain suitable employment, provided statutory conditions are fulfilled and the periods fall within the statutory maximum; s38(2) and s38(4) are not mutually exclusive and can be applied sequentially as circumstances require.

Court Disposition

Appeal dismissed

Orders

  • ORDER that the Appeal be dismissed.
  • ORDER that the Appellant pay the Respondent's costs of the Appeal.