GOVERNMENT CLEANING SERVICES v ELLUL [1996] NSWCA 225

GOVERNMENT CLEANING SERVICES v ELLUL [1996] NSWCA 225

There was no available or accepted evidence of what proportion of the worker's back impairment was solely due to a pre-existing condition. As such, the trial judge correctly applied s68A(8) to assume a deductible proportion of 10%. The appeal failed because the only evidence on point (Dr Bryan's 50%) was not accepted by the trial judge and not supported by the remaining medical evidence.

Parties
Appellant: Government Cleaning Services; Respondent: Ellul
Jurisdiction
Australia
Judgment Date
12 August 1996
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Assessment and Amount of Compensation, Application of S68 a Workers Compensation Act 1987
Workers Compensation Assessment and Amount of Compensation Application of S68 a Workers Compensation Act 1987

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Government Cleaning Services

Appellant

Ellul

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge was required by s68A(8) of the Workers Compensation Act 1987 to accept the only 'available evidence' regarding the deductible proportion for a pre-existing condition
  2. 2 Proper application of s68A in determining compensation for permanent impairment to worker's back

Ratio Decidendi

There was no available or accepted evidence of what proportion of the worker's back impairment was solely due to a pre-existing condition. As such, the trial judge correctly applied s68A(8) to assume a deductible proportion of 10%. The appeal failed because the only evidence on point (Dr Bryan's 50%) was not accepted by the trial judge and not supported by the remaining medical evidence.

Court Disposition

Appeal dismissed

Orders

  • Appeal be dismissed.
  • Order No 3 made by Armitage J on 15 February 1996 is amended to substitute 4 May 1995 for 21 July 1993 as the start date for interest.