HARD METALS PTY. LIMITED V. DAVIES

HARD METALS PTY. LIMITED V. DAVIES

The findings of fact by the Commission were not reviewable as a question of law, and there was sufficient evidence to support the award. The employer bore the onus to prove the cause of incapacity precluded compensation and failed to discharge it.

Parties
Appellant: Hard Metals Pty. Limited; Respondent: Davies
Jurisdiction
Australia
Judgment Date
18 November 1971
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Onus of Proof, Dust Disease, Evidence Sufficiency
Workers Compensation Onus of Proof Dust Disease Evidence Sufficiency

Case Brief

Summary, issues, holding and outcome

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Parties

Hard Metals Pty. Limited

Appellant

Davies

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether there was evidence to support the Commission's award in favour of the worker
  2. 2 Whether the finding on which the award was founded was reviewable on appeal
  3. 3 Whether the disease excluded compensation under the relevant statutory provisions

Ratio Decidendi

The findings of fact by the Commission were not reviewable as a question of law, and there was sufficient evidence to support the award. The employer bore the onus to prove the cause of incapacity precluded compensation and failed to discharge it.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.