AGFA GAVAERT LTD v LEE [1992] NSWCA 4

AGFA GAVAERT LTD v LEE

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, SHELLER and CRIPPS JJA 1 May 1992, 1 May 1992

[1992] NSWCA 4

This was an appeal from a decision of Judge Bourke in the Workers' Compensation Court, claiming his Honour erred in law in intervening with the earlier decision of a Commissioner and substituting his own findings.

The review was heard by Judge Bourke pursuant to s36 Workers Compensation Court Act 1984. The evidence clearly showed that the Commissioner accepted two inconsistent medical reports. This was sufficient to require Judge Bourke to intervene and review the Commissioner's decision.

No error in law being found, the appeal is dismissed with costs.

The Court declined to comment on the ambit of Workers' Compensation Court, Judges' powers when reviewing the decision of a Commissioner.

Workers Compensation Court Act 1984

Watson v Hanimex Colour Services Pty Ltd (New South Wales Court of Appeal, 28 November 1991)

Mancini v Director General of Education (Australian Workers' Compensation File No 74112)

Cripps JA This is an appeal from a decision of Judge Bourke of the Workers' Compensation Court in November 1990 on an application made by the worker for compensation in 1989. The worker alleged that he had had two injuries at work in August and October or November 1988 and that, by reason of those injuries, he was incapacitated for work for a period thereafter.

He was paid compensation. His application to the Workers' Compensation Court for determination of the dispute was assigned to a Commissioner of the Court. The Commissioner heard evidence over a period on two occasions. He also received medical reports. No doctors were called and, or course, no doctors were cross examined.

There was some dispute early in the proceedings before the Commissioner as to whether or not the worker had been offered suitable alternative employment. That issue was found against the worker.