Cruceanu v Vix Technology (Aust) Ltd [2020] NSWCA 203

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Cruceanu v Vix Technology (Aust) Ltd [2020] NSWCA 203 Hearing dates: 14 July 2020 Date of orders: 3 September 2020 Decision date: 03 September 2020 Before: Basten JA at [1]; Meagher JA at [77]; Emmett AJA at [113] Decision: (1) Appeal dismissed. (2) Order that the appellant pay the respondent's costs in this Court. Catchwords: APPEALS – right of appeal – scope of right – error of law – findings based on medical evidence – whether misunderstanding of claimant's case – Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 353(1) WORKERS' COMPENSATION – entitlement to compensation – causal relation between accident and injury – delayed complaint of neck pain –neurological condition said to have painless onset – absence of reports of neck pain to treating medical practitioners WORKERS' COMPENSATION – entitlement to compensation – employment related injury, disability or disease – workplace accident – claim by worker for lump sum compensation for cervical spine disease Legislation Cited: Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 352, 353 Cases Cited: Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088; [2003] HCA 26 Northern NSW Local Health Network v Heggie [2013] NSWCA 255 Watson v Qantas Airways Ltd (2009) 75 NSWLR 539; [2009] NSWCA 322 Workers Compensation Nominal Insurer v Hill [2020] NSWCA 54 Texts Cited: Aaronson, Groves and Weeks, Judicial Review of Administrative Action and Government Liability 6th ed, LawBook Co, 2017 Category: Principal judgment Parties: Octavian Cruceanu (Appellant) Vix Technology (Australia) Ltd (Respondent) Representation: Counsel: Mr R de Meyrick / Mr J Mrsic (Appellant) Mr S Flett (Respondent)