Ward v Corrimal-Balgownie Collieries Limited [1938] HCA 70

ven 5 120 HIGH COURT [HIGH COURT OF AUSTRALIA.] WARD . g 3 ' t é 4 i . APPELL

H.C. or A.

1938. we

Sypvey,

Nov. 10, 11; Dec. 23,

Latham CJ., Rich, Dixon and 'McTiernan JJ.

APPLICANT,

AND

CORRIMAL-BALGOWNIE COLLIERIES LIMITED & iotls - . eal ies RESPOND! RESPONDENT,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Workers' Compensation—Injury—* Total and permanent disablement "—Contributing 'factors—Relation to employment or injury—Workers' 'Compensation Act 19% 1927 (NV.S.W.) (No. 15 of 1926—No. 32 of 1927), sec. 9 (3).

Sec. 9 (3) of the Workers' Compensation Act 1926-1927 (N.S.W.) provid that " the total liability of an employer in respect of compensation under this section shall not, 'except in the case of a worker whose injury results in tot and permanent disablement, exceed one thousand pounds in any one case."

Held, by Latham C.J., Rich and Dixon JJ., that where a worker receive an injury within the meaning of the Act which results in partial incapacit and other causes not associated with the injury later bring about total di ablement, the worker is not entitled to the benefit of the exception cont in the sub-section.

Held, further, on the facts of the case, by Latham C.J., Rich and Dixon Ji (McTiernan J. dissenting), that, in view of the findings, the conclusion justified that the injury, within the meaning of the Act, suffered by claimant worker had not resulted in his total and permanent disablement but had only partially contributed thereto.

Decision of the Supreme Court of New South Wales (Full Court) affirmed.

61 C.L.R.] OF AUSTRALIA.

Appear from the Supreme Court of New South Wales.

A case stated by the Workers' Compensation Commission of New South Wales, at the request of the applicant, Thomas Ward. for the determination by the Supreme Court of New South Wales of certain questions, was, as amended, substantially as follows :—