Holz v Camden Park Ex-Servicemen and Bowling Club Ltd [2003] NSWCC 1
There was evidence before the Commissioner, specifically the report of Dr Canaris, capable of supporting a finding that the worker was totally incapacitated for work on a continuing basis due to psychological injury; thus, no error of law is disclosed and the appeal must be dismissed.
- Parties
- Worker/applicant/respondent: Gina M Holz; Employer/respondent/appellant: Camden Park Ex-Servicemen & Bowling Club Ltd
- Jurisdiction
- Australia
- Judgment Date
- 11 February 2003
- Procedural Posture
- Workers Compensation Appeal / Appeal From Commissioner to Judge
- Outcome
- appeal dismissed
- Legal Topics
- Total Incapacity, Psychological Injury, Standard of Evidence on Appeal
Case Brief
Summary, issues, holding and outcome
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Parties
Gina M Holz
Worker/applicant/respondent
Camden Park Ex-Servicemen & Bowling Club Ltd
Employer/respondent/appellant
Procedural Posture
Workers Compensation Appeal / Appeal From Commissioner to Judge
Legal Issues
- 1 Whether there was any evidence before the Commissioner to support the finding of total incapacity for work resulting from psychological injury
- 2 Interpretation of 'total incapacity' under the Workers Compensation Act 1987
Ratio Decidendi
There was evidence before the Commissioner, specifically the report of Dr Canaris, capable of supporting a finding that the worker was totally incapacitated for work on a continuing basis due to psychological injury; thus, no error of law is disclosed and the appeal must be dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The employer must pay the worker's costs as agreed or assessed.
Full Case Text
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