THIESS CONTRACTORS PTY LIMITED v HILLS [1996] NSWCA 524

THIESS CONTRACTORS PTY LIMITED v HILLS [1996] NSWCA 524

The worker's partial incapacity was due to the original injury in February 1991 as supported by ample medical evidence; the November 1991 event did not amount to a distinct or additional injury but was an aggravation of the first.

Parties
Appellant: Thiess Contractors Pty Limited; Respondent: Hills; Respondent: Second Respondent (not named)
Jurisdiction
Australia
Judgment Date
15 April 1996
Procedural Posture
Appeal / Final Appellate Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Partial Incapacity, Causation of Injury, Aggravation of Injury
Workers Compensation Partial Incapacity Causation of Injury Aggravation of Injury

Case Brief

Summary, issues, holding and outcome

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Parties

Thiess Contractors Pty Limited

Appellant

Hills

Respondent

Second Respondent (not named)

Respondent

Procedural Posture

Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the worker's partial incapacity was caused by the injury in February 1991 or by a later event in November 1991
  2. 2 Whether there existed one continuous injury or two contributing injuries for compensation purposes

Ratio Decidendi

The worker's partial incapacity was due to the original injury in February 1991 as supported by ample medical evidence; the November 1991 event did not amount to a distinct or additional injury but was an aggravation of the first.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay the costs of the appeal