McWILLIAMS WINES PTY LTD v MARIE SERRAO [1989] NSWCA 144

McWILLIAMS WINES PTY LTD v MARIE SERRAO [1989] NSWCA 144

The appeal was dismissed because there was no evidence or litigation at trial to support the employer's contention of subsequent improved capacity and failure by the worker to notify the employer; the original findings established worker's entitlement to the award under s11(2) as no suitable employment was offered at the relevant time.

Parties
Appellant: McWILLIAMS WINES PTY LTD; Respondent: Marie Serrao
Jurisdiction
Australia
Judgment Date
24 November 1989
Procedural Posture
Appeal / Decision on Appeal
Outcome
appeal dismissed
Legal Topics
Workers' Compensation Entitlement, Incapacity for Work, Suitable Alternative Employment, Mutuality Requirement
Workers' Compensation Workers' Compensation Entitlement Incapacity for Work Suitable Alternative Employment Mutuality Requirement

Case Brief

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Parties

McWILLIAMS WINES PTY LTD

Appellant

Marie Serrao

Respondent

Procedural Posture

Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether the worker was offered suitable employment upon return to work after injury
  2. 2 Whether worker's entitlement under s11(2) Workers' Compensation Act 1926 could be challenged on the basis of alleged subsequent improvement in capacity without notice to employer

Ratio Decidendi

The appeal was dismissed because there was no evidence or litigation at trial to support the employer's contention of subsequent improved capacity and failure by the worker to notify the employer; the original findings established worker's entitlement to the award under s11(2) as no suitable employment was offered at the relevant time.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.