JA CROCKETT PTY LTD v COX [1994] NSWCA 151

JA CROCKETT PTY LTD v COX [1994] NSWCA 151

Where repeated injuries (pre- and post-1987 Act) result in permanent impairment, transitional and interpretive provisions of the 1987 Act require all relevant impairment to be treated as resulting from the post-commencement injury, and compensation under s66 is calculated accordingly, without deduction for pre-existing (pre-1987) impairment.

Parties
Appellant: JA Crockett Pty Ltd; Respondent: Cox
Jurisdiction
Australia
Judgment Date
26 October 1994
Procedural Posture
Workers Compensation Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Successive Injuries, Permanent Impairment, Transitional Provisions, Statutory Interpretation, Compensation Calculation
Workers Compensation Personal Injury Successive Injuries Permanent Impairment Transitional Provisions Statutory Interpretation Compensation Calculation

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Parties

JA Crockett Pty Ltd

Appellant

Cox

Respondent

Procedural Posture

Workers Compensation Appeal / Appeal Judgment

Legal Issues

  1. 1 How are repeated injuries to the lumbar spine, both pre- and post-commencement of the Workers Compensation Act 1987, dealt with for the purposes of lump sum compensation claims under s66 and s67?
  2. 2 How should the impairment percentage and compensation be calculated when injuries span repealed and current workers compensation legislation?

Ratio Decidendi

Where repeated injuries (pre- and post-1987 Act) result in permanent impairment, transitional and interpretive provisions of the 1987 Act require all relevant impairment to be treated as resulting from the post-commencement injury, and compensation under s66 is calculated accordingly, without deduction for pre-existing (pre-1987) impairment.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant to pay the respondent's costs of the appeal.