Ramanand v Department of Labour: Compensation Commissioner (AR 191/2022)
Ramanand v Department of Labour: Compensation Commissioner (AR 191/2022) [2023] ZAKZPHC 41; [2023] 7 BLLR 702 (KZP); (2023) 44 ILJ 1816 (KZP) (14 April 2023)
The court found that the tribunal erred in law by relying on Circular Instruction 172, which is not binding and conflicts with the Compensation for Occupational Injuries and Diseases Act. The appellant's disablement was caused by a single traumatic event in the course of employment, and uncontroverted expert evidence established permanent total disablement due to PTSD. The Act and Schedule 2 require a generous interpretation to promote social security, and the sixth classification covers any injury resulting in permanent total disablement, regardless of its nature. The tribunal failed to prov…
Source excerpt
- Compensation For Occupational Injuries
- Post Traumatic Stress Disorder
- Disablement Assessment
- Interpretation Of Social Legislation
- Judicial Review Of Administrative Action