JONES v STATE OF NEW SOUTH WALES (COMMERCIAL SERVICES GROUP) FORMERLY GOVERNMENT CLEANING SERVICES [1996] NSWCA 280

JONES v STATE OF NEW SOUTH WALES (COMMERCIAL SERVICES GROUP) FORMERLY GOVERNMENT CLEANING SERVICES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, HANDLEY and BEAZLEY JJA 15 July 1996, 15 July 1996 [1996] NSWCA 280

WORKERS COMPENSATION — WORKERS COMPENSATION ACT 1987 s66 AND s67 — ADVERSE FINDINGS — MEDICAL EVIDENCE — ADEQUACY OF TRIAL — worker had suffered injury to the same part of his body at different times — worker claimed permanent impairment of the back — later injury relied on as a significant causal factor — trial judge held worker not entitled to lump sums under s66 and s67. Question on appeal was whether the trial judge had given proper indication of her reasons for rejecting worker's claimed permanent impairment of the back. HELD: Priestley JA (Handley and Beazley JJA concurring) — the medical evidence had to be weighed in light of the trial judge's view of the worker himself; in this respect the court should not interfere with that view. The judge made it sufficiently clear that she was not satisfied of causal relation between later injury and worker's claimed permanent impairment, and her Honour's conclusions should not be disturbed.

ORDERS Appeal dismissed with costs.

Priestley JA This is an appeal by a worker from a judgment of her Honour, Judge O'Toole in the Compensation Court given on 27 September 1995. She declined to make awards in the worker's favour pursuant to s66 and s67 of the Workers Compensation Act 1987. She made an award in regard to weekly compensation for a limited period. No question is raised about this in the appeal. The appeal is directed to persuading the Court that the orders declining to make awards under s66 and s67 should be set aside.

The worker had in 1975 been working for Newcastle City Council and in that year he suffered an injury to his lower back in the course of his employment. After that injury, he did not return to work for between three and four years, during which time he was, for a period, in receipt of an invalid pension and for a period, in receipt of unemployment benefits.