Abate v L & M Painting Services, Tom's Painting Services [2001] NSWCC 128

Abate v L & M Painting Services, Tom's Painting Services [2001] NSWCC 128

The awards and apportionments for permanent leg losses must be recalculated due to manifest mathematical errors, with liability between first and second respondent re-apportioned and 1926 Act deductions applied as required by statute; factual findings are not disturbed.

Jurisdiction
Australia
Judgment Date
20 June 2001
Procedural Posture
Compensation Claim / Review of Prior Awards Under S 17(4) of the Compensation Court Act 1984
Outcome
Previous awards vacated; new awards substituted for permanent loss and apportionments; no order as to costs.
Legal Topics
['apportionment of Liability' 'loss of Efficient Use of Limbs' 'review of Awards' 'statutory Interpretation']
['workers Compensation'] ['apportionment of Liability' 'loss of Efficient Use of Limbs' 'review of Awards' 'statutory Interpretation']

Case Brief

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Procedural Posture

Compensation Claim / Review of Prior Awards Under S 17(4) of the Compensation Court Act 1984

Legal Issues

  1. 1 ['Whether apportionment of liability between respondents for leg losses was done in accordance with Compensation Court Act 1984 and relevant statutory provisions' 'Whether awards for permanent loss should be adjusted under the slip rule or through substantive review' 'Whether s 16 of the 1926 Act and Sch 6 Pt 6 Cl 6(2) were properly applied to reduce entitlements']

Ratio Decidendi

The awards and apportionments for permanent leg losses must be recalculated due to manifest mathematical errors, with liability between first and second respondent re-apportioned and 1926 Act deductions applied as required by statute; factual findings are not disturbed.

Court Disposition

Previous awards vacated; new awards substituted for permanent loss and apportionments; no order as to costs.

Orders

  • ['The respondents pay the worker pursuant to s 66: (a) For his right leg loss $9,150, (b) For his left leg loss $15,480.' 'Liability apportioned between respondents for s 66 award: 1st Respondent: right leg $8,400, left leg $1,080; 2nd Respondent: right leg $750, left leg $14,400.' 'The 1st respondent pay the worker...