CONTAINER TERMINALS OF AUSTRALIA LTD v FINNEY and ORS [1995] NSWCA 93

CONTAINER TERMINALS OF AUSTRALIA LTD v FINNEY and ORS [1995] NSWCA 93

Where a worker suffers successive injuries, only the last injury causing current incapacity and need for surgery fixes the compensation liability on the employer at risk at that time. There is no apportionment between former employers when earlier injuries contributed but did not cause the final incapacity. The Appellant is solely liable for the worker's compensation relating to the permanent impairment resulting from the 1993 injury.

Parties
Appellant: Container Terminals of Australia Ltd; First Respondent (worker): Finney; Second Respondent (former Employer): Liner Services Pty Ltd (also referred to as Lucasen Pty Ltd); Third Respondent (former Employer): Conaust (NSW) Pty Ltd (also referred to as Conaust Limited); Fourth Respondent (former Employer): Stevedoring Employers of Australia Ltd (SEAL)
Jurisdiction
Australia
Judgment Date
14 September 1995
Procedural Posture
Workers Compensation Appeal / Appeal From Compensation Court Decision
Outcome
Appeal dismissed with costs.
Legal Topics
Assessment and Amount of Compensation, Liability for Compensation and Apportionment, Successive Employers, Permanent Impairment, Weekly Benefits, Lump Sum Awards
Workers Compensation Employment Law Assessment and Amount of Compensation Liability for Compensation and Apportionment Successive Employers Permanent Impairment Weekly Benefits Lump Sum Awards

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Parties

Container Terminals of Australia Ltd

Appellant

Finney

First Respondent (worker)

Liner Services Pty Ltd (also referred to as Lucasen Pty Ltd)

Second Respondent (former Employer)

Conaust (NSW) Pty Ltd (also referred to as Conaust Limited)

Third Respondent (former Employer)

Stevedoring Employers of Australia Ltd (SEAL)

Fourth Respondent (former Employer)

Procedural Posture

Workers Compensation Appeal / Appeal From Compensation Court Decision

Legal Issues

  1. 1 Whether liability to pay lump sum compensation under s66 of the Workers Compensation Act 1987 can be apportioned between successive employers following multiple injuries
  2. 2 Whether the last employer is solely liable for compensation arising from incapacity resulting from the most recent injury

Ratio Decidendi

Where a worker suffers successive injuries, only the last injury causing current incapacity and need for surgery fixes the compensation liability on the employer at risk at that time. There is no apportionment between former employers when earlier injuries contributed but did not cause the final incapacity. The Appellant is solely liable for the worker's compensation relating to the permanent impairment resulting from the 1993 injury.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appellant to pay weekly compensation of $545.10 from 3 February 1993 to 2 May 1993.
  • Appellant to pay lump sum compensation under s66 of $19,500 for permanent impairment of the back.