Commonwealth v Matheson [1955] HCA 24

"itt. em

93 C.L.R.] OF AUSTRALIA. 403

[HIGH COURT OF AUSTRALIA.]

THE COMMONWEALTH : é 'i : APPELLANT ; AND

MATHESON. 5 ' " 2 3 RESPONDENT.

Workers' Compensation—Federal employee—Injury—Nature—Another injury sus- H.C, or A. tained by employee in same accident causing loss—Compensation—Determina- 1955, tion—Statutory provisions—Mandatory—Commonwealth Employees' Compen- = ~~ sation Act 1930-1950, ss. 9, 12, 20, First Schedule, pars. 1 (c), 3 (b), Third SYDNEY, Schedule—The Constitution (63 + 64 Vict. c. 12), 8. 73 (ii)—Judiciary Act April 18; 1903-1950, s. 39 (2) (b)—District Courts Act 1912-1953 (N.S.W.), 8. 142. May 5.

ams,

'The application of s. 12 of the Commonwealth Employees' Compensation Act 1930-1950 and the Third Schedule thereto is not confined to the case where Tatler Jd the total effect of an accident satisfies a description found in one of the items

of the schedule. If by an accident an injury is sustained which causes any

such loss as is mentioned in the schedule or in sub-s. (5) or sub-s. (6) of s. 12,

and the other conditions of that section are satisfied, a lump sum becomes

payable by force of the section ; and it is irrelevant that by the same accident

the employee may have sustained another injury which itself has caused a

loss specified in the Third Schedule, or in respect of which compensation has

become payable under s. 9 and the First Schedule or in respect of which no

compensation at all is payable.

Aprrat from the District Court, Sydney, New South Wales.

A claim was made to the Commissioner for Employees' Com- pensation by George Matheson for compensation under the Common- wealth Employees' Compensation Act 1930-1950, in respect of injury sustained by him on 18th September 1951 during the course of his employment as senior carpenter in the Postmaster-General's Department.