McMEEKIN v PROGRAMMED MAINTENANCE SERVICES PTY LTD [1995] NSWCA 288

McMEEKIN v PROGRAMMED MAINTENANCE SERVICES PTY LTD [1995] NSWCA 288

The trial judge's factual conclusion that incapacity did not extend beyond 26 October 1992 was justified by the absence of persuasive medical evidence, the applicant’s lack of credibility, the lack of complaints to co-workers or employer, and medical reports from employer’s doctors; accordingly, the finding cannot be disturbed on appeal.

Parties
Appellant: McMeekin; Respondent: Programmed Maintenance Services Pty Ltd
Jurisdiction
Australia
Judgment Date
10 May 1995
Procedural Posture
Workers Compensation Appeal / Appellate
Outcome
appeal dismissed with costs
Legal Topics
Onus of Proof, Finding of Fact, Assessment of Evidence
Workers Compensation Onus of Proof Finding of Fact Assessment of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

McMeekin

Appellant

Programmed Maintenance Services Pty Ltd

Respondent

Procedural Posture

Workers Compensation Appeal / Appellate

Legal Issues

  1. 1 Whether the trial judge's finding that incapacity did not continue beyond 26 October 1992 could be disturbed on appeal
  2. 2 Whether the trial judge erred in relying primarily on the appellant's evidence in the absence of contemporaneous medical documentation

Ratio Decidendi

The trial judge's factual conclusion that incapacity did not extend beyond 26 October 1992 was justified by the absence of persuasive medical evidence, the applicant’s lack of credibility, the lack of complaints to co-workers or employer, and medical reports from employer’s doctors; accordingly, the finding cannot be disturbed on appeal.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.