DAHDAH v KENAN PTY LTD T/AS WILANDRA NURSING HOME [1994] NSWCA 78

DAHDAH v KENAN PTY LTD T/AS WILANDRA NURSING HOME SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, PRIESTLEY and CLARKE JJA 22 June 1994, 30 June 1994

[1994] NSWCA 78

WORKERS COMPENSATION ACT — award for partial incapacity under s11(1) — hospital and medical expenses under s10 — application of s10.

The appellant worker was awarded compensation for partial incapacity under s11(1) of the Workers Compensation Act. In regard to hospital and medical expenses under s10 of the Act the judge ordered that the respondent pay certain of the worker's expenses but refused to order payment of other expenses.

Held: s10 of the Act required the court to consider firstly, the nature of the injury received by the worker, and secondly, whether the treatment was reasonably necessary as a result of that injury. References by the judge in his decision to the worker's "partial incapacity" did not indicate that he failed to apply s10 correctly.

ORDERS

Appeal dismissed with costs.

Mahoney JA I agree with the judgment of Priestley JA.

In the course of argument of the appeal, it was agreed that essentially two items remained in dispute: the hospital expenses and Dr Bannister's fees. It was agreed that what his Honour had done had been to make appealable orders in respect of each of these: the form of what was said in relation to Dr Bannister's fees is accepted as embodying an order for payment of the proportion of those fees to which reference was made during argument. I agree with Priestley JA that his Honour directed his attention to the assessment which, in the circumstances, s10 of the Workers Compensation Act 1926 required. I see no error in what he did.

Priestley JA The question in this appeal is whether a judge in the Compensation Court was correctly interpreting s10 of the Workers Compensation Act 1927, when he refused to make an order for payment of a worker's hospital and medical expenses amounting to approximately $12,000.