PATRICK SANDERSON STEVEDORING PTY LIMITED v MATE [1995] NSWCA 362

PATRICK SANDERSON STEVEDORING PTY LIMITED v MATE [1995] NSWCA 362

Apportionment of weekly compensation between multiple employers for successive injuries is contrary to authority and must be set aside. The appellate court cannot reassess the s67 compensation for pain and suffering due to reliance on subjective elements; that issue must be remitted to the Compensation Court.

Parties
Appellant: Patrick Sanderson Stevedoring Pty Limited; First Respondent: Graeme Ian Mate; Second Respondent: Wayne Badge t/as Waynes Bobcat and Tipper Hire
Jurisdiction
Australia
Judgment Date
25 August 1995
Procedural Posture
Workers Compensation Appeal / Court of Appeal Judgment
Outcome
Appeal upheld; apportionment orders set aside; new orders made; s67 compensation remitted for determination.
Legal Topics
Apportionment of Liability, Multiple Injuries, Weekly Compensation, Pain and Suffering, Impairment Compensation
Workers Compensation Apportionment of Liability Multiple Injuries Weekly Compensation Pain and Suffering Impairment Compensation

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Parties

Patrick Sanderson Stevedoring Pty Limited

Appellant

Graeme Ian Mate

First Respondent

Wayne Badge t/as Waynes Bobcat and Tipper Hire

Second Respondent

Procedural Posture

Workers Compensation Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether weekly compensation can be apportioned between employers for successive injuries
  2. 2 Whether the Court of Appeal can reassess subjective elements of s67 pain and suffering compensation
  3. 3 Proper application and adjustment of ss6 and 67 Workers Compensation Act 1987

Ratio Decidendi

Apportionment of weekly compensation between multiple employers for successive injuries is contrary to authority and must be set aside. The appellate court cannot reassess the s67 compensation for pain and suffering due to reliance on subjective elements; that issue must be remitted to the Compensation Court.

Court Disposition

Appeal upheld; apportionment orders set aside; new orders made; s67 compensation remitted for determination.

Orders

  • Orders of Judge Maguire set aside regarding apportionment of weekly compensation and lump sum compensation.
  • Second respondent to pay interest on arrears of weekly compensation at 4.5% per annum from 7 November 1991 to date.