Smith v Mann [1932] HCA 30

Smith v Mann [1932] HCA 30

Where a worker contracts a disease by a gradual process and the disease is incidental to the class of employment, the certificate of the Medical Board under sec. 51 certifying the condition (including causation where relevant) is conclusive, and it is not necessary to establish the disease was contributed to by the last employment. The Supreme Court was wrong in limiting causation to employment with the last employer or during only the preceding twelve months.

Parties
Applicant: Joseph Smith; Respondent: John Mann; Respondent: Mossop & Cooper; Respondent: W. R. J. Cox; Respondent: H. T. Seymour Ltd.; Respondent: A. A. Decros
Jurisdiction
Australia
Procedural Posture
Workers' Compensation Appeal / High Court Appeal From the Supreme Court of New South Wales
Outcome
Appeal allowed
Legal Topics
Industrial Disease, Diseases Contracted by Gradual Process, Medical Evidence, Statutory Construction
Workers' Compensation Employment Law Industrial Disease Diseases Contracted by Gradual Process Medical Evidence Statutory Construction

Case Brief

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Parties

Joseph Smith

Applicant

John Mann

Respondent

Mossop & Cooper

Respondent

W. R. J. Cox

Respondent

H. T. Seymour Ltd.

Respondent

A. A. Decros

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the certificate of a Medical Board under sec. 51 of the Workers' Compensation Act 1926 (N.S.W.) is conclusive as to the condition and cause of disablement for the purposes of entitlement to compensation.
  2. 2 Whether proof is required that a gradually contracted disease was actually brought about or contributed to by employment during the twelve months preceding incapacity.

Ratio Decidendi

Where a worker contracts a disease by a gradual process and the disease is incidental to the class of employment, the certificate of the Medical Board under sec. 51 certifying the condition (including causation where relevant) is conclusive, and it is not necessary to establish the disease was contributed to by the last employment. The Supreme Court was wrong in limiting causation to employment with the last employer or during only the preceding twelve months.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed with costs.
  • Judgment of the Supreme Court discharged.