Booth v Fourmeninapub Pty Ltd [2020] NSWCA 57

Booth v Fourmeninapub Pty Ltd [2020] NSWCA 57

A genetic predisposition does not constitute a 'disease' for the purposes of s 4(b)(ii) of the Workers Compensation Act 1987 (NSW); only an existing disease can be aggravated, accelerated, exacerbated or deteriorated within the meaning of the provision. The President did not err in law by rejecting the evidence insofar as it merely demonstrated a predisposition, not a pre-existing disease; there were no special grounds for receiving further evidence on appeal.

Jurisdiction
Australia
Judgment Date
02 April 2020
Procedural Posture
Appeal / Judgment on Appeal From Workers Compensation Commission Presidential Decision
Outcome
Appeal dismissed
Legal Topics
['further Evidence on Appeal' 'definition of Injury Under Workers Compensation Act 1987 (nsw)' 'genetic Predisposition Versus Disease' 'expert Medical Evidence' 'statutory Construction']
['workers Compensation' 'administrative Law'] ['further Evidence on Appeal' 'definition of Injury Under Workers Compensation Act 1987 (nsw)' 'genetic Predisposition Versus Disease' 'expert Medical Evidence' 'statutory Construction']

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Procedural Posture

Appeal / Judgment on Appeal From Workers Compensation Commission Presidential Decision

Legal Issues

  1. 1 ["Whether 'special grounds' existed for receiving further evidence on appeal under s 75A(8) Supreme Court Act 1970 (NSW)" "Whether the President erred in point of law by disregarding expert opinion regarding 'underlying disease condition' under s 4(b)(ii) Workers Compensation Act 1987 (NSW)" "Whether a genetic predisposition constitutes a 'disease' such that its aggravation, acceleration, exacerbation, or deterioration is compensable"]

Ratio Decidendi

A genetic predisposition does not constitute a 'disease' for the purposes of s 4(b)(ii) of the Workers Compensation Act 1987 (NSW); only an existing disease can be aggravated, accelerated, exacerbated or deteriorated within the meaning of the provision. The President did not err in law by rejecting the evidence insofar as it merely demonstrated a predisposition, not a pre-existing disease; there were no special grounds for receiving further evidence on appeal.

Court Disposition

Appeal dismissed

Orders

  • ['Notice of motion filed 12 December 2019 dismissed, with costs.' 'Appeal dismissed, with costs.']