RMAX PTY LTD v DA SILVA [1996] NSWCA 451

RMAX PTY LTD v DA SILVA [1996] NSWCA 451

Where an injury to a finger results in pain and consequential loss of the efficient use of the hand, compensation under s66 is to be assessed on the loss of use of the hand, not merely the finger, provided the loss can be causally attributed to the injury.

Parties
Appellant: RMAX Pty Ltd; Respondent: Mr Da Silva
Jurisdiction
Australia
Judgment Date
29 November 1996
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Assessment of Loss, Amputation, Characterisation of Loss, Efficient Use of Hand
Workers Compensation Assessment of Loss Amputation Characterisation of Loss Efficient Use of Hand

Case Brief

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Parties

RMAX Pty Ltd

Appellant

Mr Da Silva

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the assessment under s66 of the Workers Compensation Act 1987 should be based on loss of the middle finger or the efficient use of the hand
  2. 2 Characterisation of 'loss' under the Act

Ratio Decidendi

Where an injury to a finger results in pain and consequential loss of the efficient use of the hand, compensation under s66 is to be assessed on the loss of use of the hand, not merely the finger, provided the loss can be causally attributed to the injury.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs