WOOLWORTHS LTD v BLANDA [1992] NSWCA 282

WOOLWORTHS LTD v BLANDA [1992] NSWCA 282

Where a worker is found not to be ready, willing and able to resume employment from a particular date, the award for compensation should be terminated from that date. The trial judge made an error of law in not terminating the award from 3 July 1989, the date when the worker commenced other full time employment.

Parties
Appellant: Woolworths Ltd; Respondent: Blanda
Jurisdiction
Australia
Judgment Date
15 April 1992
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Termination of Award, Error of Law, Incapacity for Work
Workers Compensation Employment Law Termination of Award Error of Law Incapacity for Work

Case Brief

Summary, issues, holding and outcome

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Parties

Woolworths Ltd

Appellant

Blanda

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in law in determining the date for termination of the workers' compensation award
  2. 2 Whether the worker was ready, willing and able to return to work for the employer after resuming full time employment elsewhere

Ratio Decidendi

Where a worker is found not to be ready, willing and able to resume employment from a particular date, the award for compensation should be terminated from that date. The trial judge made an error of law in not terminating the award from 3 July 1989, the date when the worker commenced other full time employment.

Court Disposition

appeal allowed

Orders

  • Set aside the decision of Judge Herkes of 23 October 1990
  • Remit the matter to the Compensation Court for determination in accordance with this decision