GIO WORKERS COMPENSATION (NSW) LTD v GIO GENERAL LTD and ANOR [1995] NSWCA 176

GIO WORKERS COMPENSATION (NSW) LTD v GIO GENERAL LTD and ANOR [1995] NSWCA 176

For a claim by a dependant in respect of death resulting from a disease contracted by gradual process, the injury is deemed to have occurred at the date of death, so the amount of compensation payable is that fixed by s25(1) of the Workers Compensation Act 1987 (as at the date of death), not the lesser amount under the former Act preserved by the transitional provision; the appeal is dismissed despite procedural concerns because the result would inevitably be the same.

Parties
Appellant: GIO Workers Compensation (NSW) Ltd; First Respondent: GIO General Ltd; Second Respondent: Dawn Marlene Campbell; Employer: Northern Rivers County Council
Jurisdiction
Australia
Judgment Date
29 August 1995
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Dependency Claims, Date of Injury – Diseases, Procedural Fairness, Compensation Calculation
Workers Compensation Torts Dependency Claims Date of Injury – Diseases Procedural Fairness Compensation Calculation

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Parties

GIO Workers Compensation (NSW) Ltd

Appellant

GIO General Ltd

First Respondent

Dawn Marlene Campbell

Second Respondent

Northern Rivers County Council

Employer

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether compensation payable to the deceased worker's dependant is to be calculated under s25(1) Workers Compensation Act 1987 or under the prior legislation as preserved by Sch 6, Pt3, CL2(1)
  2. 2 Whether the relevant date for injury, for the purpose of compensation for gradual disease, is the date of incapacity or date of death for a dependant's claim
  3. 3 Whether the trial judge's failure to give sufficient reasons or suggestion that appeal court could correct any errors amounts to procedural unfairness

Ratio Decidendi

For a claim by a dependant in respect of death resulting from a disease contracted by gradual process, the injury is deemed to have occurred at the date of death, so the amount of compensation payable is that fixed by s25(1) of the Workers Compensation Act 1987 (as at the date of death), not the lesser amount under the former Act preserved by the transitional provision; the appeal is dismissed despite procedural concerns because the result would inevitably be the same.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant to pay the costs of each respondent