Workmen's Compensation Commissioner v Van Zyl (388/94)
Workmen's Compensation Commissioner v Van Zyl (388/94) [1996] ZASCA 19; 1996 (3) SA 757 (SCA); [1996] 2 All SA 439 (A); (1996) 17 ILJ 488 (A) (25 March 1996)
The Supreme Court of Appeal held that the Commissioner misunderstood his statutory duty under section 91(1) of the Workmen's Compensation Act by treating the fixing of the date of accident as a factual finding rather than the exercise of a discretion. The Act requires the Commissioner to fix a date that is equitable in light of all the facts, particularly in cases of progressive industrial disease. The continued exposure to chrome dust resulted in further disablement, and the phrase 'commencement of the disablement' must be interpreted to include the latest aggravation, not merely the first m…
Source excerpt
- Workmen's Compensation Act
- Industrial Disease
- Disablement Assessment
- Statutory Interpretation