O'Connor v S P Bray Limited [1937] HCA 18

Fell Sauter HH Hatch YY ie ORC 1987]2QdR S; & Co OY tae tet enna Sone Phhay (SBE Fem Cito ARs (938) 17 Refl to 'Conk 'SR 414 Gardinerv "Heil v State of Ries Victoria Fitness. 43000) 464 YPl2vR 2QdR25 HIGH COURT 1936-1937. Cons Refilto Cons Sehitivo v Collen City GE Capital Pagpercom —ofPerdh Aust v Bavis Child Care 100) 112 ee 180 Cenres{7001] LGERA 234 FLR 250 TQdk 518 {HIGH COURT OF AUSTRALIA] O;CONNOR . : . . . : . APPELLANT; PLAINTIFF, AND ' 8. P. BRAY LIMITED , 5 - ' . ResponpeEnv. DEFENDANT,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C. or A. Workers' Compensation—Compensation received by worker—Worker certified fit for

1936-1937. work—Payments of compensation stopped—Claim by worker—Rejected by ae Workers' Compensation Commission—Action for damages by worker against Sypyey, employer—Alternative remedies— Option—Knowledge of worker—Workers' Com- 1936, pensation Act 1926-1929 (N.S.W.) (No. 15 of 1926—No. 36 of 1929), sec. 63.*

i4, Action—Statutory duty—Breach—rerson ingured thereby—Right of action—" Service

lift" Scaffolding and Lifts Act 1912 (N.S.W.) (No. 38 of 1912), Second Schedule, reg. 31 (b).

Aug.

After an accident in December 1930, the appellant for some time received compensation under the Workers' Compensation Act 1926-1929 (N.S.W.). Late in 1931 a medical board certified that he was fit for light work, and finally, in December 1933, the weekly payments made on the part of the employer, the respondent, were brought to an end. The appellant then took proceedings before the Workers' Compensation Commission to establish that his incapacity

continued. An award was made in favour of the respondent on the ground that the appellant had recovered from his incapacity. In an action at common law commenced in August 1934 by the appellant against the respondent in respect of the same injury, the jury was directed that a question it had to consider was whether, when the appellant took compensation and proceeded under the Workers' Compensation Act, he was aware that he might instead sue at common law. The jury found a general verdict for the appellant, a dedue- tion being made from the damages awarded of the amount received by him as compensation.