P AND M QUALITY SMALLGOODS PTY LTD v NORMAN [1996] NSWCA 415
The trial judge's findings of fact regarding injury were based on an assessment of credibility and corroborating medical evidence and should not be disturbed. The award of compensation and commencement date were adequately supported by evidence and proper consideration of work capacity, and the claim for compensation was duly made when lodged, making interest payable from 16 June 1993.
- Parties
- Appellant: P & M Quality Smallgoods Pty Ltd; Respondent: Norman
- Jurisdiction
- Australia
- Judgment Date
- 25 November 1996
- Procedural Posture
- Worker's Compensation Appeal / Court of Appeal
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Findings of Fact, Award of Compensation, Interest on Compensation
Case Brief
Summary, issues, holding and outcome
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Parties
P & M Quality Smallgoods Pty Ltd
Appellant
Norman
Respondent
Procedural Posture
Worker's Compensation Appeal / Court of Appeal
Legal Issues
- 1 Whether trial judge erred in finding respondent was injured at work on 10 May 1993
- 2 Whether the commencement point for award of compensation was correct
- 3 Whether interest was payable from the correct date
Ratio Decidendi
The trial judge's findings of fact regarding injury were based on an assessment of credibility and corroborating medical evidence and should not be disturbed. The award of compensation and commencement date were adequately supported by evidence and proper consideration of work capacity, and the claim for compensation was duly made when lodged, making interest payable from 16 June 1993.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs.
Full Case Text
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