KELLY v GLENROC PASTORAL CO PTY LTD and ANOR [1994] NSWCA 162

KELLY v GLENROC PASTORAL CO PTY LTD and ANOR [1994] NSWCA 162

The appeal was dismissed because, although the trial judge was incorrect to find the applicant was not employed as a shearer, the medical evidence established that the applicant's diseases were either congenital (lumbar spondylosis) or degenerative and not 'due to the nature of' his employment. There was no evidence that employment with the respondents resulted in the gradual process disease for s15 purposes.

Parties
Applicant: Kelly; First Respondent: Glenroc Pastoral Co Pty Ltd; Second Respondent: KW and MA Armour
Jurisdiction
Australia
Judgment Date
04 May 1994
Procedural Posture
Workers' Compensation Appeal / Appeal From the Compensation Court to the Court of Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
Gradual Process Disease, Nature of Employment and Compensable Injury, Section 15 Workers Compensation Act 1987, Employment Causation for Occupational Disease
Workers' Compensation Gradual Process Disease Nature of Employment and Compensable Injury Section 15 Workers Compensation Act 1987 Employment Causation for Occupational Disease

Case Brief

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Parties

Kelly

Applicant

Glenroc Pastoral Co Pty Ltd

First Respondent

KW and MA Armour

Second Respondent

Procedural Posture

Workers' Compensation Appeal / Appeal From the Compensation Court to the Court of Appeal

Legal Issues

  1. 1 Whether the applicant's lumbar spondylosis and disc protrusion were diseases contracted by a gradual process due to the nature of his employment as a shearer for the purposes of s15 of the Workers Compensation Act 1987
  2. 2 Whether the applicant was employed as a shearer by the respondents
  3. 3 Whether the employment was a contributing factor to the disease for compensation purposes

Ratio Decidendi

The appeal was dismissed because, although the trial judge was incorrect to find the applicant was not employed as a shearer, the medical evidence established that the applicant's diseases were either congenital (lumbar spondylosis) or degenerative and not 'due to the nature of' his employment. There was no evidence that employment with the respondents resulted in the gradual process disease for s15 purposes.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.