Pacific National Pty Ltd v Baldacchino [2018] NSWCA 281

A total knee replacement is an 'artificial aid' within s 59A(6)(a) of the Workers Compensation Act 1987 (NSW), and the cost of the surgery required for its provision is also covered by compensation.

Jurisdiction: Australia
Judgment Date: 23 November 2018
Procedural Posture: Application for Leave to Appeal and Appeal / Court of Appeal Decision
Outcome: Appeal and application for leave to appeal dismissed with costs.
Legal Topics: ['artificial Aids Definition' 'compensation Limitation' 'interpretation of S 59 a Workers Compensation Act 1987 (nsw)']

['workers Compensation'] ['artificial Aids Definition' 'compensation Limitation' 'interpretation of S 59 a Workers Compensation Act 1987 (nsw)']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application for Leave to Appeal and Appeal / Court of Appeal Decision

Legal Issues

1 ["Whether a total knee replacement is an 'artificial aid' within s 59A(6)(a) Workers Compensation Act 1987 (NSW)" 'Whether the cost of surgery for provision of the artificial aid is also covered by compensation']

Ratio Decidendi

A total knee replacement is an 'artificial aid' within s 59A(6)(a) of the Workers Compensation Act 1987 (NSW), and the cost of the surgery required for its provision is also covered by compensation.

Court Disposition

Appeal and application for leave to appeal dismissed with costs.

Orders

['Appeal dismissed with costs.' 'Application for leave to appeal dismissed with costs.' "Appellant to pay respondent's costs."]