KB Hutcherson Pty Ltd v Correia [1995] HCA 70

KB Hutcherson Pty Ltd v Correia [1995] HCA 70

For one leg affected by one injury, the Table does not permit separate compensation for loss of efficient use both at or above the knee and below the knee. The relevant Table item is identified by the uppermost point of affection, and the degree of loss of that item is then assessed. The Court of Appeal erred in affirming awards for both levels of each leg.

Jurisdiction
Australia
Procedural Posture
Workers Compensation Appeal Concerning Compensation for Non Economic Loss Under the Workers Compensation Act 1987 NSW / High Court Appeal From the New South Wales Court of Appeal; Special Leave Was Granted as a Test Case
Outcome
Appeal allowed; the awards for permanent loss or loss of use of each leg at or above the knee and below the knee were set aside in part, and the matter was remitted to the Compensation Court of New South Wales for reconsideration of compensation for permanent loss of efficient use of each leg at or above the knee....
Legal Topics
['compensation for Permanent Injuries' 'permanent Loss of Efficient Use of Legs' 'construction of the Table of Compensation for Permanent Injuries' 'non Economic Loss']
['workers Compensation' 'statutory Interpretation'] ['compensation for Permanent Injuries' 'permanent Loss of Efficient Use of Legs' 'construction of the Table of Compensation for Permanent Injuries' 'non Economic Loss']

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Procedural Posture

Workers Compensation Appeal Concerning Compensation for Non Economic Loss Under the Workers Compensation Act 1987 NSW / High Court Appeal From the New South Wales Court of Appeal; Special Leave Was Granted as a Test Case

Legal Issues

  1. 1 ['Whether the respondent was entitled to compensation under the Table of Compensation for Permanent Injuries for loss of efficient use of each leg both at or above the knee and below the knee, or only for such loss at or above the knee.' 'Whether the Workers Compensation Act 1987 NSW authorised two assessments for loss of efficient use of one leg arising from the same injury.']

Ratio Decidendi

For one leg affected by one injury, the Table does not permit separate compensation for loss of efficient use both at or above the knee and below the knee. The relevant Table item is identified by the uppermost point of affection, and the degree of loss of that item is then assessed. The Court of Appeal erred in affirming awards for both levels of each leg.

Court Disposition

Appeal allowed; the awards for permanent loss or loss of use of each leg at or above the knee and below the knee were set aside in part, and the matter was remitted to the Compensation Court of New South Wales for reconsideration of compensation for permanent loss of efficient use of each leg at or above the knee....

Orders

  • ['Appeal allowed.' 'Set aside the order of the New South Wales Court of Appeal in so far as it awards amounts for permanent loss of each leg at or above the knee and below the knee.' 'Appeal allowed in so far as the order of the Compensation Court of New South Wales awards amounts for loss of use of each leg at or...