WOOLWORTHS LTD v ALLEN [1988] NSWCA 180

WOOLWORTHS LTD v ALLEN [1988] NSWCA 180

There was evidence upon which Manser J could find that the worker's continuing incapacity resulted from the second injury. No error of law was made in attributing liability or in the application of statutory causation principles; thus, the compensation award stands.

Parties
Appellant: Woolworths Ltd; Respondent: Robert Allen; Respondent: Manufacturers Mutual Insurance Limited
Jurisdiction
Australia
Judgment Date
25 May 1988
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
appeal dismissed with costs
Legal Topics
Causation, Successive Injuries, Apportionment of Liability, Procedural Appeals, Statutory Interpretation
Workers' Compensation Law Reform Causation Successive Injuries Apportionment of Liability Procedural Appeals Statutory Interpretation

Case Brief

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Parties

Woolworths Ltd

Appellant

Robert Allen

Respondent

Manufacturers Mutual Insurance Limited

Respondent

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the worker's continuing incapacity results from the second injury or both injuries
  2. 2 Whether Manser J erred in applying Pickersgill v Freightbases Pty Ltd regarding causation
  3. 3 Attribution of liability for compensation given change in insurer

Ratio Decidendi

There was evidence upon which Manser J could find that the worker's continuing incapacity resulted from the second injury. No error of law was made in attributing liability or in the application of statutory causation principles; thus, the compensation award stands.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.