New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Workers compensation


  1. 12/12/2016
    Workers compensation: insurers’ liability for liability of indemnified employer of worker exposed to asbestos; occupational diseases; when liability of insurer taken to arise; construction of s 151AB of Workers Compensation Act 1987 (NSW); claimed liability is for injury or disease caused by exposure to asbestos fibre during particular period; whether liability taken to arise when worker last employed in that period; whether primary judge made enquiry into actual employment or nature of employment

    CGU Insurance Limited v AAI Limited  [2016] NSWCA 335
  2. 05/12/2016
    Workers compensation: worker employed by appellant; worker injured in motor accident; accident caused by truck driven and owned by respondents; respondents conceded motor accident was a “blameless motor accident” under s 7A of the Motor Accidents Compensation Act 1999 (NSW); s 7B deems fault in blameless motor accident; worker recovered worker’s compensation payments from appellant; appellant sought indemnity from respondents under s 151Z(1)(d) of the Workers Compensation Act 1987 (NSW); s 151Z(1)(d) requires “injury … caused under circumstances creating a liability in some person other than the worker’s employer”; whether appellant entitled, in an action under s 151Z(1)(d), to rely upon the “blameless motor accident” provisions of the Motor Accidents Compensation Act

    State of New South Wales v Wenham  [2016] NSWCA 336
  3. 04/12/2016
    Workers compensation: effect of 2012 amendments to Workers Compensation Act 1987 (NSW); 2012 amendments repealed s 151P (Damages for psychological or psychiatric injury) and inserted s 151AD (No damages for nervous shock injury to non-workers); Sch 6, Pt 19H, cl 26 preserved the operation of repealed s 151P to or in respect of an injury received by a coal miner; mother of injured coal miner commenced proceedings against worker’s employer claiming damages for nervous shock; whether cl 26 preserved operation of repealed s 151P such that s 151AD did not apply to mother’s claim

    WorkPac Pty Ltd v Thearle  [2016] NSWCA 303
  4. 01/09/2016
    Workers compensation: entitlement to compensation; grant of gratuity pursuant to Police Regulation (Superannuation) Act 1906 (NSW), s 12D(1); whether surgical treatment of neck reasonably necessary under Workers Compensation Act 1987 (NSW), s 60; whether primary judge found that as a result of certified “hurt on duty” injury proposed surgery reasonably necessary

    22 State Super SAS Trustee Corporation Ltd v Perrin  [2016] NSWCA 232
  5. 18/08/2016
    Workers compensation: compensation claim for permanent impairment pursuant to Workers Compensation Act 1987 (NSW), s 66; appeal decision of Presidential member of Workers Compensation Commission remitting claim for medical assessment of degree of permanent impairment; whether findings in same or earlier proceedings binding for purpose of determining claim for permanent impairment; Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 293, s321

    Trustees for the Roman Catholic Church for the Diocese of Bathurst v Hine  [2016] NSWCA 213
  6. 29/07/2016
    Workers compensation: joint tortfeasors; Workers Compensation Act 1987 (NSW), s 151Z(2); whether s 151Z(2) applied; respondent’s employer not a joint tortfeasor; appellant not entitled to reduction under s 151Z(2)(c).
    Jurox Pty Ltd v Fullick  [2016] NSWCA 180
  7. 27/06/2016
    Workers compensation: jurisdiction of the Workers Compensation Commission; whether an insurer’s decision to terminate weekly compensation payments after 130 weeks was a “work capacity decision”; whether Commission deprived of jurisdiction to determine the Worker’s challenge to the decision by s 43(1) and (3) of the Workers Compensation Act 1987 (NSW) (WC Act); whether insurer was authorised to make the decision; whether the decision was a “decision to dispute liability” within s 43(2)(a) of the WC Act or a “decision that can be the subject of a medical dispute” within s 43(2)(b).
    Sabanayagam v St George Bank Limited  [2016] NSWCA 145
  8. 24/06/2016Canada
    Workers compensation: occupational exposure and causation; seven technicians at a single hospital laboratory diagnosed with breast cancer; no-fault workers’ compensation regime in British Columbia imposed requirement of causation; relevant occupational disease must have been “due to” the nature of the worker’s employment; payment of benefits also conditional upon the relevant employment being of “causative significance” in the development of the illness; workers compensation tribunal found the workers’ breast cancer was caused by the nature of their employment; expert evidence indicated insufficient scientific basis to conclusively link the workers’ breast cancer with their employment in the laboratory; evidence of past use of carcinogens in the laboratory and that cluster of breast cancer cases statistically significant; whether finding of causation open on facts; opinion evidence not determinative of causation as a question of fact; open to trier of fact to consider whether other evidence supports an inference of causation; workers’ appeal allowed.
    British Columbia v Fraser Health Authority  [2016] SCC 25
  9. 04/12/2015
    Workers compensation: workplace injury; receipt of both compensation under the Workers Compensation Act 1987 (NSW) and work injury damages; application for reinstatement; whether a person who has obtained work injury damages is thereafter precluded from seeking reinstatement; Workers Compensation Act 1987 (NSW), Pt 8
    Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales v Industrial Relations Secretary on behalf of the Department of Justice  [2015] NSWCA 386
  10. 19/11/2015
    Workers compensation: indemnity; recovery by employer from other tortfeasors; employer sued by worker but no judgment entered against employer; whether employer can only recover excess over its liability to contribute to the amount of damages
    Endeavour Energy v Precision Helicopters Pty Ltd (No 2)  [2015] NSWCA 357