INTERNATIONAL HOTELS CORPORATION PTY LIMITED v JAZAIRY [1995] NSWCA 210

INTERNATIONAL HOTELS CORPORATION PTY LIMITED v JAZAIRY

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

GLEESON CJ, MAHONEY AP and SHELLER JA

15 August 1995 [1995] NSWCA 210

WORKERS COMPENSATION — partial incapacity — causation — s40 (1) discretion

Gleeson CJ. In this matter I will ask Mr Justice Sheller to give the first judgment.

Sheller JA. The appellant, International Hotels Corporation Pty Limited, appeals from the decision of his Honour Judge Burke of the Compensation Court on 18 August 1992. By his award his Honour ordered the appellant to pay the respondent worker, on the basis of partial incapacity, weekly compensation at the rate of $60 from 16 May 1991, such weekly payment to continue in accordance with the provisions of the Workers Compensation Act 1987.

The appellant first employed the respondent worker in March 1986. The worker suffered two work-related injuries while employed by the appellant, the first on 11 September 1987, the second on 30 June 1990.

In his reasons for judgment his Honour described the incident which gave rise to the injury of 11 September 1987 as a minor physical encounter with a fellow worker. His Honour did not think that the incident played any long-term part in what followed thereafter, with the possible exception of a psychiatric problem.

Later in his reasons for judgment his Honour said:

The applicant worked on fairly consistently thereafter for a considerable period. It seems to me that if the applicant's symptoms after the resumption of work in October 1987, prior to the second incident at work on 30 June 1990, if her symptoms had a psychological basis it does not seem to me that that basis can be found in the incident of 11 September 1987.

It may be that there was something in the interpersonal relationships at work. There may be that there were a variety of things at home. It could be anything but it just seems to me that the incident was not one that played any real part or contributed anything to the evolution of either the physical symptoms thereafter nor the psychological problem.