GLENMASON PTY LTD v KRAMER and ORS [1996] NSWCA 218

GLENMASON PTY LTD v KRAMER and ORS [1996] NSWCA 218

Mrs Kramer was engaged by Glenmason Pty Ltd as an employee under an agreement requiring her to work as requested; she was totally incapacitated for work of the kind she could reasonably be expected to do; the appeal fails on all grounds.

Parties
Appellant: Glenmason Pty Ltd; Respondent (1): Elizabeth Wilhelmina Kramer; Respondent (2): Kramer company
Jurisdiction
Australia
Judgment Date
28 May 1996
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed with costs
Legal Topics
Employment Relationship, Incapacity for Work, Review of Commissioner's Findings
Workers Compensation Employment Relationship Incapacity for Work Review of Commissioner's Findings

Case Brief

Summary, issues, holding and outcome

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Parties

Glenmason Pty Ltd

Appellant

Elizabeth Wilhelmina Kramer

Respondent (1)

Kramer company

Respondent (2)

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Was Mrs Kramer an employee of Glenmason Pty Ltd?
  2. 2 Did the Judge apply the correct principle in reviewing the Commissioner's findings?
  3. 3 Was Mrs Kramer totally incapacitated for work?

Ratio Decidendi

Mrs Kramer was engaged by Glenmason Pty Ltd as an employee under an agreement requiring her to work as requested; she was totally incapacitated for work of the kind she could reasonably be expected to do; the appeal fails on all grounds.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.