Perry Engineering Co Ltd v Mermingis [1964] HCA 67

Perry Engineering Co Ltd v Mermingis [1964] HCA 67

Where a worker suffers permanent disability for work, weekly payments made prior to an application for redemption under s. 28 of the Workmen's Compensation Act, 1932-1963 (SA) are to be disregarded in calculating the lump sum award, meaning the lump sum is not limited by subtracting previous weekly payments from the maximum liability; the 1960 amendment to s. 28 so provides, conferring an additional benefit to the permanently disabled worker.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['redemption of Weekly Payments' 'effect of Statutory Amendment' 'limitation of Liability' 'calculation of Lump Sum in Compensation Cases']
["workers' Compensation" 'statutory Interpretation'] ['redemption of Weekly Payments' 'effect of Statutory Amendment' 'limitation of Liability' 'calculation of Lump Sum in Compensation Cases']

Case Brief

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Procedural Posture

Appeal / High Court Judgment

Legal Issues

  1. 1 ["Whether, in awarding a lump sum under s. 28 of the Workmen's Compensation Act, 1932-1963 (SA), the arbitrator should deduct weekly payments already made from the lump sum award when the worker has a permanent disability" 'Whether the 1960 amendment to s. 28 alters the calculation of lump sum by requiring weekly payments already made to be disregarded']

Ratio Decidendi

Where a worker suffers permanent disability for work, weekly payments made prior to an application for redemption under s. 28 of the Workmen's Compensation Act, 1932-1963 (SA) are to be disregarded in calculating the lump sum award, meaning the lump sum is not limited by subtracting previous weekly payments from the maximum liability; the 1960 amendment to s. 28 so provides, conferring an additional benefit to the permanently disabled worker.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']