Jansen v Compensation Commissioner (CA 377/2007) [2008] ZAECHC 63; (2008) 29 ILJ 2141 (E) (4 June 2008)

Jansen v Compensation Commissioner (CA 377/2007) [2008] ZAECHC 63; (2008) 29 ILJ 2141 (E) (4 June 2008)

The court found that the appellant was permanently and totally disabled at the time of the hearing, as established by unchallenged medical evidence. The presiding officer erred in declining to determine the degree of disablement due to the possibility of future surgery. The Act requires compensation to be awarded based on the current state of disablement, with mechanisms for review if the condition improves. The appellant is entitled to compensation for 100% permanent disablement, and the compensation fund is liable for further medical expenses and costs.

Citation
[2008] ZAECHC 63
Parties
Appellant: CB Jansen; Respondent: Compensation Commissioner
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
4 June 2008
Case Number
CA377/2007
Procedural Posture
Civil Appeal / Appeal Against Ruling of Presiding Officer and Assessors on Objection to Compensation Commissioner's Decision
Outcome
Appeal succeeds with costs. The presiding officer's order is substituted.
Judges
A.R. Erasmus, J.D. Pickering
Legal Topics
Compensation for Occupational Injuries and Diseases Act, Permanent Disablement, Medical Evidence, Calculation of Compensation
Labour Law Compensation for Occupational Injuries and Diseases Act Permanent Disablement Medical Evidence Calculation of Compensation

Case Brief

Summary, issues, holding and outcome

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Parties

CB Jansen

Appellant

Compensation Commissioner

Respondent

Procedural Posture

Civil Appeal / Appeal Against Ruling of Presiding Officer and Assessors on Objection to Compensation Commissioner's Decision

Legal Issues

  1. 1 Whether the appellant is permanently and totally disabled as contemplated by the Compensation for Occupational Injuries and Diseases Act.
  2. 2 Whether the presiding officer erred in declining to determine the degree of disablement due to possible future surgery.
  3. 3 Whether the compensation fund is liable for further compensation and medical expenses.

Ratio Decidendi

The court found that the appellant was permanently and totally disabled at the time of the hearing, as established by unchallenged medical evidence. The presiding officer erred in declining to determine the degree of disablement due to the possibility of future surgery. The Act requires compensation to be awarded based on the current state of disablement, with mechanisms for review if the condition improves. The appellant is entitled to compensation for 100% permanent disablement, and the compensation fund is liable for further medical expenses and costs.

Court Disposition

Appeal succeeds with costs. The presiding officer's order is substituted.

Orders

  • The objector's case is re-opened.
  • The objector has permanent disablement of 100% as contemplated in item 4 of Schedule 4 of the Compensation for Occupational Injuries and Diseases Act, 1993.