DUNLOP OLYMPIC LTD v HONIN JABOUR [1991] NSWCA 84

DUNLOP OLYMPIC LTD v HONIN JABOUR [1991] NSWCA 84

The Commissioner did not err in law; her reasons did not disclose that the issue of incapacity was decided solely by finding the worker was fit for pre-injury employment. In this case, there was no practical distinction between capacity for pre-injury employment and partial incapacity for work. Therefore, the appeal should be allowed and the decision of Judge Moroney set aside.

Parties
Appellant: Dunlop Olympic Ltd; Respondent: Honin Jabour
Jurisdiction
Australia
Judgment Date
08 March 1991
Procedural Posture
Appeal / Court of Appeal Decision on Appeal From Compensation Court, Which Itself Was an Appeal From a Commissioner
Outcome
Appeal allowed; Judge Moroney's decision set aside; appeal to Compensation Court dismissed; respondent to pay appellant's costs; certificate under Suitors' Fund Act granted to appellant.
Legal Topics
Error of Law in Workers Compensation Appeals, Assessment of Incapacity for Work, Distinction Between Pre Injury Employment and Incapacity for Work Generally
Workers Compensation Appeal Law Error of Law in Workers Compensation Appeals Assessment of Incapacity for Work Distinction Between Pre Injury Employment and Incapacity for Work Generally

Case Brief

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Parties

Dunlop Olympic Ltd

Appellant

Honin Jabour

Respondent

Procedural Posture

Appeal / Court of Appeal Decision on Appeal From Compensation Court, Which Itself Was an Appeal From a Commissioner

Legal Issues

  1. 1 Whether the Commissioner misdirected herself in law by considering only the applicant's capacity for pre-injury employment rather than incapacity for work generally under s11 of the Workers Compensation Act 1926

Ratio Decidendi

The Commissioner did not err in law; her reasons did not disclose that the issue of incapacity was decided solely by finding the worker was fit for pre-injury employment. In this case, there was no practical distinction between capacity for pre-injury employment and partial incapacity for work. Therefore, the appeal should be allowed and the decision of Judge Moroney set aside.

Court Disposition

Appeal allowed; Judge Moroney's decision set aside; appeal to Compensation Court dismissed; respondent to pay appellant's costs; certificate under Suitors' Fund Act granted to appellant.

Orders

  • Appeal allowed.
  • Decision of Judge Moroney set aside.