Michaelis Hallenstein and Company Pty Ltd v Lewis [1944] HCA 3

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68 C.L.R.] OF AUSTRALIA. 613

{HIGH COURT OF AUSTRALIA.]

MICHAELIS, HALLENSTEIN & COMPANY | Naame

PROPRIETARY LIMITED. . . .f RESPONDENT, AND LEWIS . c : : : é é . RESPONDENT. APPLICANT,

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

Workers' Compensation—Worker injured by accident—Temporary total incapacity— yr (. ov A. Permanent partial incapacity—Inability, under normal conditions, to obtain 944. employment—Re-employment, due to war conditions, at higher wage than before = ~ injury—Weekly payments during total incapacity—Suspension of payments on MeiBouRNE, re-employment—Claim for lump sum by way of redemption—Jurisdiction of Feb. 24; Board—Workers' Compensation Acts 1928-1937 (Vict.) (No. 3806—No. 4524), Mar. 10.

8. 5, Second Schedule. athens Oi)

'A worker who suffered injury entitling him to compensation under the stake J.

Workers Compensation Acts 1928-1937 (Vict.) was totally incapacitated for a period of more than six months and received weekly payments in accordance with the Acts from his employer during that period. Thereafter he was partially incapacitated, the nature of the incapacity being such that, apart from abnormal conditions created by the war, he could not have obtained employ- ment either at his former work or as a labourer. Owing to war-time conditions, however, he was re-employed by the employer at his former work at a higher wage than he received before the injury.

Held that under par. 16 of the Second Schedule to the Workers' Compensation 'Acts the Workers Compensation Board had jurisdiction to hear and determine an application by the worker for payment of a lump sum in redemption of his right to weekly payments under the Acts.

Decision of the Supreme Court of Victoria (Full Court): Lewis v. Michaelis Hallenstein Pty. Ltd., (1943) V.L.R. 202, affirmed.