South Africa Case Law

Narayanasamy v Department of Labour: Compensation Commissioner (Appeal) (AR118/2024)

Narayanasamy v Department of Labour: Compensation Commissioner (Appeal) (AR118/2024) [2025] ZAKZPHC 45 (7 May 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR118/2024

Judges

Henriques, R Singh

The court found that the Tribunal misdirected itself by failing to backdate the effective date of liability for compensation to the date of the workplace incident in May 1993, as required by COIDA ss 65(5) and 67(1). The undisputed medical evidence and factual admissions established that the appellant's depression and PTSD originated from the workplace trauma in 1993, and he had been unable to work since 1997. The Tribunal's apportionment of only 20% permanent disablement was arbitrary and unsupported by the evidence, which overwhelmingly indicated 100% permanent disablement. The court held t…

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• Compensation For Occupational Injuries And Diseases Act
• Permanent Disablement
• Psychiatric Injury
• Backdating Liability
• Costs Award

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)

Court

Western Cape High Court, Cape Town

Case number

A210/2023

Judges

Cloete, Kusevitsky

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…

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• Occupational Injury Compensation
• Permanent Disablement
• Psychiatric Injury
• Compensation Award
• Prescribed Rate Of Interest

Department of Labour: Compensation Commissioner v Botha (326/2020)

Department of Labour: Compensation Commissioner v Botha (326/2020) [2022] ZASCA 38; (2022) 43 ILJ 1066 (SCA) (4 April 2022)

Court

Supreme Court of Appeal

Case number

326/2020

Judges

Petse DP, Schippers JA, Nicholls JA, Carelse JA, Meyer AJA

The Supreme Court of Appeal held that the respondent's whiplash injury sustained in the motor vehicle accident on duty exacerbated his pre-existing medical conditions, resulting in permanent disablement. The medical evidence established a causal link between the accident and the disablement. However, the extent to which the pre-existing injury contributed to the permanent disablement could not be determined on the available medical records. The court found that the high court erred in mechanically applying Schedule 2 to deem the respondent 100% disabled and in declaring him 60% disabled witho…

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• Compensation For Occupational Injuries
• Causation
• Permanent Disablement
• Remittal To Tribunal
• Costs Award

Compensation Commissioner v Badenhorst (CA 38/2021)

Compensation Commissioner v Badenhorst (CA 38/2021) [2022] ZAECGHC 1; (2022) 43 ILJ 1144 (ECG) (25 January 2022)

Court

Eastern Cape High Court, Grahamstown

Case number

CA 38/2021

Judges

G H Bloem, J M Roberson

The High Court dismissed an appeal against a tribunal's award of 75% permanent disablement for PTSD under COIDA, holding the tribunal could make an equitable decision.

• Compensation For Occupational Injuries And Diseases Act
• Permanent Disablement
• Occupational Disease
• Powers Of Tribunal
• Costs Award
• Coida

J L v Rand Mutual Assurance (113062/19)

J L v Rand Mutual Assurance (113062/19) [2019] ZAGPJHC 392 (15 October 2019)

Court

South Gauteng High Court, Johannesburg

Case number

113062/19

Judges

Van der Linde, P Phahlane

The High Court held that a COIDA PTSD circular was only a guideline, not binding law, and declared the appellant permanently disabled from PTSD.

• Compensation For Occupational Injuries
• Permanent Disablement
• Interpretation Of Statutory Guidelines
• Costs Award Pro Bono
• Medical Evidence In Disability Claims
• Coida

Jansen v Compensation Commissioner (CA 377/2007)

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

Court

High Courts - Eastern Cape

Case number

CA377/2007

Judges

A.R. Erasmus, J.D. Pickering

The court held that the appellant was permanently and totally disabled under COIDA and that speculative future surgery could not delay compensation.

• Compensation For Occupational Injuries And Diseases Act
• Permanent Disablement
• Medical Evidence
• Calculation Of Compensation
• Compensation-for-occupational-injuries-and-diseases-act
• Permanent-disablement