South Africa Case Law

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…

Source excerpt

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