Clark v Flanagan [1934] HCA 73

Clark v Flanagan [1934] HCA 73

The applicant failed to discharge the onus of proving that his injury arose out of and in the course of his employment, as the Commission did not accept his evidence and there was no other evidence of the accident. Accordingly, he was not entitled to compensation under the Act.

Parties
Applicant: Horace Edward Clark; Respondent: Flanagan
Jurisdiction
Australia
Procedural Posture
Workers' Compensation Appeal / Appeal to High Court of Australia From Supreme Court of New South Wales
Outcome
appeal dismissed with costs
Legal Topics
Onus of Proof, Injury Arising Out of and in the Course of Employment, Self Inflicted Injury, Compensability Under Workers' Compensation Legislation
Workers' Compensation Employment Law Onus of Proof Injury Arising Out of and in the Course of Employment Self Inflicted Injury Compensability Under Workers' Compensation Legislation

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Parties

Horace Edward Clark

Applicant

Flanagan

Respondent

Procedural Posture

Workers' Compensation Appeal / Appeal to High Court of Australia From Supreme Court of New South Wales

Legal Issues

  1. 1 Whether the applicant's injury arose out of and in the course of his employment
  2. 2 Whether the applicant intentionally self-inflicted his injury
  3. 3 Whether the Commission erred in law by making an award for the respondent when intentional self-infliction was not established

Ratio Decidendi

The applicant failed to discharge the onus of proving that his injury arose out of and in the course of his employment, as the Commission did not accept his evidence and there was no other evidence of the accident. Accordingly, he was not entitled to compensation under the Act.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.