Felix v Department of Labour; the Compensation Commissioner - Appeal (A210/2023)
Felix v Department of Labour; the Compensation Commissioner - Appeal (A210/2023) [2023] ZAWCHC 301 (28 November 2023)
The court found that the Tribunal committed material misdirections by disregarding compelling and uncontested expert evidence establishing the appellant's total and permanent disablement due to PTSD and Schizo-Affective Disorder. The Tribunal's reliance on the absence of a neuropsychiatric evaluation and its restrictive interpretation of Schedule 2 were erroneous. The court agreed with the reasoning in Ramanand, confirming that item 6 of Schedule 2 covers any injury resulting in 100% disablement, including psychiatric injuries. The compensation award should have reflected total disablement, a…
Source excerpt
- Occupational Injury Compensation
- Permanent Disablement
- Psychiatric Injury
- Compensation Award
- Prescribed Rate Of Interest