AUSTRALIAN IRON AND STEEL PTY LTD v CRAMPTON [1995] NSWCA 29

AUSTRALIAN IRON AND STEEL PTY LTD vy CRAMPTON SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE,MEAGHER JJA and ROLFE AJA 16 August 1995, 18 August 1995,

[1995] NSWCA 29

WORKERS COMPENSATION — Sufficiency of evidence to support trial Judge's findings that the applicant sustained an injury, which was incapacitating, in the course of his employment.

Clarke JA I agree with Rolfe AJA. Meagher JA I agree with Rolfe AJA.

Rolfe AJA INTRODUCTION

The respondent, who was the applicant in the Compensation Court, was born on 11 November 1948. He was employed by the appellant at the Appin Coal Mine from November 1974 to June 1989 as an assistant electrical engineer. On 20 March 1992 he made an application for workers compensation identifying the nature of the injury as pterygia in both eyes caused by dust and the nature and conditions of his employment leading to partial incapacity, which was asserted to be deemed total incapacity of indefinite duration. By its Answer the appellant denied the respondent received any injury as alleged, that he was incapacitated for work as alleged, that any incapacity for work suffered by him arose from injury arising out of or in the course of his employment with the appellant, that notice of the alleged injury was given to the appellant as required by the Act, and that the claim for compensation was made within the time limit specified by the Act. The last two matters were not pressed on the hearing, which commenced before O'Toole CCJ on 24 May 1993 and concluded on 29 June 1993, on which date her Honour delivered judgment in which she made an award in favour of the respondent.

The appellant appeals to this Court asserting her Honour was in error in determining that in or about 1986 the respondent suffered an injury to both eyes arising out of or in the course of his employment with the appellant, and that since on or about 26 July 1989 the respondent was partially incapacitated to perform the normal duties of a shift engineer underground, and, further, that she erred in finding that the respondent suffered injury arising out of or in the course of his employment in the absence of a finding identifying the nature or category of the injury so found. The grounds of appeal also allege that her Honour failed to give any or any adequate reasons for not accepting the appellant's medical evidence, and that she erred in not allowing the appellant to present its case in a manner which accorded with the rules of natural justice and, in particular, by not permitting the evidence of its medical witness, Dr Harrison, on 29 June 1993. This last mentioned ground was not pressed.