WILLCOCKS v NEW BROKEN HILL CONSOLIDATED LTD [1989] NSWCA 233

WILLCOCKS v NEW BROKEN HILL CONSOLIDATED LTD [1989] NSWCA 233

The trial judge erred by failing to consider the applicant's pre-injury mining earnings as the required starting point under s11(1)(a) in calculating compensation for partial incapacity. Voluntary retirement does not automatically remove mining earnings from the assessment, and the matter must be remitted for proper determination.

Parties
Appellant: Willcocks; Respondent: New Broken Hill Consolidated Ltd
Jurisdiction
Australia
Judgment Date
21 December 1989
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Partial Incapacity, Assessment of Compensation, Calculation Under S11(1)(a), Voluntary Retirement and Economic Loss
Workers' Compensation Partial Incapacity Assessment of Compensation Calculation Under S11(1)(a) Voluntary Retirement and Economic Loss

Case Brief

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Parties

Willcocks

Appellant

New Broken Hill Consolidated Ltd

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in applying s11(1)(a) of the Workers' Compensation Act 1926 by failing to consider pre-injury mining earnings in assessing compensation for partial incapacity where the worker retired voluntarily.

Ratio Decidendi

The trial judge erred by failing to consider the applicant's pre-injury mining earnings as the required starting point under s11(1)(a) in calculating compensation for partial incapacity. Voluntary retirement does not automatically remove mining earnings from the assessment, and the matter must be remitted for proper determination.

Court Disposition

appeal allowed

Orders

  • Award of McGrath J dated 23 June 1988 set aside
  • Proceedings returned to Compensation Court of New South Wales for redetermination in accordance with appellate judgment