Denn v Midland Brick Co Pty Ltd [1985] HCA 26

High Court of Australia Gibbs C.J. Mason, Wilson, Brennan and Dawson JJ. Denn v Midland Brick Co Pty Ltd [1985] HCA 26

ORDER Appeal allowed with costs. Set aside the order of the Full Court of the Supreme Court of Western Australia and in lieu thereof order that the appeal to that Court be dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

1985, April 3 Gibbs C.J.

On 12 January 1976 the appellant, while in the course of his employment with the respondent company, suffered an accident which caused injury to his brain and left him permanently incapacitated. In consequence he became entitled to receive compensation under the Workers' Compensation Act 1912 W.A., as amended ("the 1912 Act"). Under that Act the entitlement of a worker to weekly payments during an incapacity ceased "if and when the total weekly payments for that incapacity reaches the prescribed amount, unless the Board has made or makes an order to the contrary under section 29(7)(aa)" of that Act: see cl. 1(c) of the First Schedule. The amount payable for the reasonable expenses of medical treatment and hospital treatment and maintenance was limited to a sum "not exceeding, in the aggregate, a sum equal to 10 per cent of the prescribed amount, unless the Board finds that in the particular circumstances of the case, that amount is inadequate": par. (c)(i) of the proviso to cl. 1(c) of the First Schedule. By 19 June 1981 the appellant had received the prescribed amount (which was then $51,646) by way of weekly payments and had received a sum which considerably exceeded 10 per cent of the prescribed amount by way of medical expenses. On 31 August 1981 he applied to the Workers' Compensation Board of Western Australia for orders that he receive weekly payments of compensation, and the cost of medical expenses, above the prescribed amount. On 30 April 1982 the Board ordered (inter alia) as follows: