CLUTHA LTD v DANSWAN [1993] NSWCA 64

CLUTHA LTD v DANSWAN [1993] NSWCA 64

The Court held (affirming Moroney CCJ) that where a loss results from both pre- and post-1987 injuries, Schedule 6, Pt6, CL6 of the Workers Compensation Act 1987 deems the whole loss to have resulted from the later injury for compensation purposes. Therefore, it was correct to assess the worker's lump sum compensation at 15%, even though 7.5% was attributable to a pre-1987 injury. There was no legal basis to deduct prior compensation paid, nor to divide the assessment contrary to the deeming provision.

Parties
Appellant: Clutha Ltd; Respondent: Peter Danswan
Jurisdiction
Australia
Judgment Date
05 April 1993
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeal dismissed with costs.
Legal Topics
Lump Sum Compensation, Transitional Provisions, Successive Injury, Calculation of Compensation, Construction of Statutes
Workers' Compensation Statutory Interpretation Law Reform Lump Sum Compensation Transitional Provisions Successive Injury Calculation of Compensation Construction of Statutes

Case Brief

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Parties

Clutha Ltd

Appellant

Peter Danswan

Respondent

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether a worker's loss of left leg at or above the knee, resulting from both pre and post 1987 injuries, is deemed to have resulted from the post-1987 injury for the purposes of lump sum compensation under s66 Workers Compensation Act 1987 and its transitional provisions
  2. 2 Whether Moroney CCJ erred in assessing compensation by reference to the whole loss (15%), rather than only that attributable to the post-1987 injury (7.5%)
  3. 3 Whether credit for compensation already paid under s16 of the 1926 Act should be deducted from the lump sum under the 1987 Act

Ratio Decidendi

The Court held (affirming Moroney CCJ) that where a loss results from both pre- and post-1987 injuries, Schedule 6, Pt6, CL6 of the Workers Compensation Act 1987 deems the whole loss to have resulted from the later injury for compensation purposes. Therefore, it was correct to assess the worker's lump sum compensation at 15%, even though 7.5% was attributable to a pre-1987 injury. There was no legal basis to deduct prior compensation paid, nor to divide the assessment contrary to the deeming provision.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Lump sum compensation under s66 awarded: $10,884.30 in respect of 15% loss of use of the left leg at or above the knee.