GLENNOS CONSTRUCTIONS PTY LIMITED v PAUL BECCARI [1993] NSWCA 109

GLENNOS CONSTRUCTIONS PTY LIMITED v PAUL BECCARI [1993] NSWCA 109

The trial judge erred by including the respondent's bowel incontinence in assessing compensation for pain and suffering under s 67, as it was not shown to be a loss mentioned in the Table. The matter should be remitted for the Compensation Court to determine if the bowel condition is related to any loss mentioned in...

Source-derived case information.

Parties
Appellant: Glennos Constructions Pty Limited; Respondent: Paul Beccari
Jurisdiction
Australia
Judgment Date
01 October 1993
Procedural Posture
Appeal / Determination of Appeal From Compensation Court Decision
Outcome
Appeal allowed
Legal Topics
Assessment of Pain and Suffering, Statutory Interpretation, Damages Calculation
Workers Compensation Personal Injury Assessment of Pain and Suffering Statutory Interpretation Damages Calculation

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Parties

Glennos Constructions Pty Limited

Appellant

Paul Beccari

Respondent

Procedural Posture

Appeal / Determination of Appeal From Compensation Court Decision

Legal Issues

  1. 1 Whether the trial judge erred in taking into account bowel incontinence when assessing compensation for pain and suffering under s 67 of the Workers Compensation Act 1987
  2. 2 Whether the respondent was a 'most extreme case' entitling maximum compensation under s 67

Ratio Decidendi

The trial judge erred by including the respondent's bowel incontinence in assessing compensation for pain and suffering under s 67, as it was not shown to be a loss mentioned in the Table. The matter should be remitted for the Compensation Court to determine if the bowel condition is related to any loss mentioned in the Table.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Award under s 67 set aside