Denn v Midland Brick Co Pty Ltd [1985] HCA 26

Denn v Midland Brick Co Pty Ltd [1985] HCA 26

The Board, when considering extension of weekly payments beyond the prescribed statutory maximum, must properly consider all relevant factors except the invalid pension, including the extent to which medical and like expenses are already provided for. Compensation under the Act is not based solely on need, but on the statutory measure of lost earnings, and the provision of additional benefits (such as free institutional care) may have a bearing on the proper exercise of discretion. The Full Court erred by substituting a needs-based approach, but the Board also erred by failing to take account of the awarded medical and like expenses, requiring the matter to be remitted for proper...

Jurisdiction
Australia
Procedural Posture
Appeal / High Court on Appeal From Full Court of the Supreme Court of Western Australia
Outcome
Appeal allowed
Legal Topics
['total and Permanent Incapacity' 'statutory Discretionary Powers' 'compensation Entitlement Limits' 'medical and Like Expenses' 'effect of Invalid Pension' 'review of Discretionary Decisions']
["workers' Compensation" 'statutory Interpretation'] ['total and Permanent Incapacity' 'statutory Discretionary Powers' 'compensation Entitlement Limits' 'medical and Like Expenses' 'effect of Invalid Pension' 'review of Discretionary Decisions']

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Procedural Posture

Appeal / High Court on Appeal From Full Court of the Supreme Court of Western Australia

Legal Issues

  1. 1 ["Whether the Board erred by awarding indefinite weekly payments without specifying the total sum or period under s. 29(7)(aa) Workers' Compensation Act 1912 (WA) and/or s. 122 of the Workers' Compensation and Assistance Act 1981 (WA)" "Which circumstances are relevant in fixing the employer's extended total liability for weekly compensation after the prescribed statutory maximum is reached" "What relevance, if any, should be given to the worker's receipt of an invalid pension and to the provision of medical and like expenses in exercising the Board's discretion"]

Ratio Decidendi

The Board, when considering extension of weekly payments beyond the prescribed statutory maximum, must properly consider all relevant factors except the invalid pension, including the extent to which medical and like expenses are already provided for. Compensation under the Act is not based solely on need, but on the statutory measure of lost earnings, and the provision of additional benefits (such as free institutional care) may have a bearing on the proper exercise of discretion. The Full Court erred by substituting a needs-based approach, but the Board also erred by failing to take account of the awarded medical and like expenses, requiring the matter to be remitted for proper...

Court Disposition

Appeal allowed

Orders

  • ['Set aside the order of the Full Court of the Supreme Court of Western Australia' 'Order that the appeal to that Court be dismissed with costs']