Le Brocq v Workcover [2008] NSWCA 125
The Acting Deputy President correctly considered all relevant factual findings and applied s 9A of the Workers Compensation Act 1987; the employment was not a substantial contributing factor to the injury, and no legal error was demonstrated.
- Jurisdiction
- Australia
- Judgment Date
- 02 June 2008
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- ['substantial Contributing Factor' 'injury in Course of Employment' 'section 9 a Workers Compensation Act']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment
Legal Issues
- 1 ["Whether employment was a substantial contributing factor to appellant's injury under s 9A of Workers Compensation Act 1987." 'Whether the Acting Deputy President misapplied the law in the fact finding exercise relating to substantial contributing factor.']
Ratio Decidendi
The Acting Deputy President correctly considered all relevant factual findings and applied s 9A of the Workers Compensation Act 1987; the employment was not a substantial contributing factor to the injury, and no legal error was demonstrated.
Court Disposition
Appeal dismissed
Orders
- ['Appeal dismissed' "Appellant to pay Workcover's costs"]
Full Case Text
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