ALLMEN INDUSTRIAL SERVICES v OLIVE; INSURERS' GUARANTEE FUND - NEM INSURANCE ASSOCIATION LTD (IN LIQ) v OLIVE and ORS [1995] NSWCA 15

ALLMEN INDUSTRIAL SERVICES v OLIVE; INSURERS' GUARANTEE FUND - NEM INSURANCE ASSOCIATION LTD (IN LIQ) v OLIVE

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, MEAGHER JJA and ROLFE AJA 13 July 1995

[1995] NSWCA 15

WORKERS COMPENSATION ACT 1987 — APPEAL — s10 EXISTENCE OF CONFLICTING EVIDENCE — EVIDENCE ACCEPTED NOT INCONSISTENT WITH ESTABLISHED FACTS NOR GLARINGLY IMPROBABLE — DEVRIES v AUSTRALIAN NATIONAL RAILWAYS COMMISSION AND ANOR (1993) 177 CLR 427. PROVISION OF ADEQUATE REASONS — APPEAL DISMISSED.

WORKERS COMPENSATION ACT — CROSS APPEAL — APPORTIONMENT UNDER s22 NOT AUTHORISED BY LAW — LEAVE REFUSED TO REARGUE OPERATION OF s22 — CROSS APPEAL ALLOWED

WORDS AND PHRASES — "RESULTS FROM"

Clarke JA Garry Rex Olive, whom I will call the worker, received an injury to his back on 6 April 1984 whilst working for a body then known as the Water Board and now known as the Sydney Water Corporation. Over the ensuing years until 6 August 1990 he suffered a number of other back injuries during the course of his employment with the Water Board and a later employer, Heat Containment Industries Ltd.

On the 6 August 1990 he sustained another injury in circumstances to which I will advert which led him to cease working and, as at the date of the hearing of his application for compensation he was still not working.

Because of the incapacity which he alleged he suffered following 6 August 1990, he brought proceedings for compensation in the Compensation Court against each of three employers, the two I have mentioned and the last one, being Allmen Industrial Services, which is the appellant in the present appeal which I am considering.

His case was heard by Judge Thompson in 1993 and the learned trial judge found an award in his favour against all three employers and made orders accordingly, including an order for the apportionment of the employers' responsibilities to the worker.