MLC INSURANCE LTD v PINTO and ANOR [1994] NSWCA 206

MLC INSURANCE LTD v PINTO and ANOR [1994] NSWCA 206

Where a worker suffers incapacity as a result of an aggravation of a disease in the course of employment, s16 of the Workers' Compensation Act 1987 applies to deem the date of injury as the date of incapacity and imposes full indemnity liability on the last insurer on risk. The Compensation Court is not empowered to...

Source-derived case information.

Parties
Appellant: MLC Insurance Ltd; Respondent: QBE Insurance Ltd; Respondent: Antonio Pinto; Employer: Civil and Civic Pty Ltd
Jurisdiction
Australia
Judgment Date
15 March 1994
Procedural Posture
Appeal / Judgment on Appeal From Orders of the Compensation Court Regarding Apportionment Between Insurers
Outcome
Appeal allowed
Legal Topics
Liability of Insurers, Apportionment Among Insurers, Disease and Injury Compensation, Workers' Compensation Act 1987 (nsw), S16, S22
Workers' Compensation Insurance Law Liability of Insurers Apportionment Among Insurers Disease and Injury Compensation Workers' Compensation Act 1987 (nsw), S16, S22

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Parties

MLC Insurance Ltd

Appellant

QBE Insurance Ltd

Respondent

Antonio Pinto

Respondent

Civil and Civic Pty Ltd

Employer

Procedural Posture

Appeal / Judgment on Appeal From Orders of the Compensation Court Regarding Apportionment Between Insurers

Legal Issues

  1. 1 Whether the Compensation Court had power under s22 of the Workers' Compensation Act 1987 to order apportionment between insurers when a worker suffered successive injuries resulting in a single incapacity
  2. 2 Whether liability for a s16(1) award may be apportioned among insurers or must be borne by the last insurer on risk

Ratio Decidendi

Where a worker suffers incapacity as a result of an aggravation of a disease in the course of employment, s16 of the Workers' Compensation Act 1987 applies to deem the date of injury as the date of incapacity and imposes full indemnity liability on the last insurer on risk. The Compensation Court is not empowered to apportion such liability between successive insurers under s22 in these circumstances.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed.
  • Set aside the orders of Burke CCJ of 24 April 1992 apportioning liability for weekly compensation, s60 expenses, lump sum compensation and costs as between MLC and QBE.