BROKEN HILL PROPRIETARY CO LTD v KUHNA [1992] NSWCA 30

BROKEN HILL PROPRIETARY CO LTD v KUHNA [1992] NSWCA 30

Medical and evidentiary material substantiated that the respondent suffered a serious and permanent disablement as a result of his injury, affecting his capacity to engage in mining work even though he could undertake clerical duties. It is not necessary to prove disablement for work generally for compensation under s14(2); disablement that is serious and permanent regarding mining work suffices.

Parties
Appellant: Broken Hill Proprietary Co Ltd; Respondent: Kuhna
Jurisdiction
Australia
Judgment Date
26 August 1992
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Serious and Permanent Disablement, Serious and Wilful Misconduct, Assessment of Disability, Compensation Entitlement
Workers Compensation Employment Law Serious and Permanent Disablement Serious and Wilful Misconduct Assessment of Disability Compensation Entitlement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Broken Hill Proprietary Co Ltd

Appellant

Kuhna

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 What constitutes 'serious and permanent disablement' under s14(2) of the Workers Compensation Act 1987 where the injury is attributable to the serious and wilful misconduct of the worker.
  2. 2 Whether it is necessary to show disablement for work generally or only disablement from the work previously performed by the worker for compensation entitlement.

Ratio Decidendi

Medical and evidentiary material substantiated that the respondent suffered a serious and permanent disablement as a result of his injury, affecting his capacity to engage in mining work even though he could undertake clerical duties. It is not necessary to prove disablement for work generally for compensation under s14(2); disablement that is serious and permanent regarding mining work suffices.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.
  • Appellant to pay respondent's costs of appeal.