SWITZERLAND INSURANCE WORKERS COMPENSATION (NSW) LTD and ANOR v BURLEY and ANOR [1996] NSWCA 512

SWITZERLAND INSURANCE WORKERS COMPENSATION (NSW) LTD v BURLEY

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY P, PRIESTLEY and MEAGHER JJA 29 May 1996, 5 December 1996

[1996] NSWCA 512

Workers Compensation — Assessment — More than one injury — Basis of compensation — Legislative background — Apportionment between employers and respective insurers

Courts and Judges — Court of Appeal — Matter remitted by High Court for Court of Appeal to rehear cross-appeal — Giving reasons for decisions in compensation cases

Worker sustained back injures while employed as truck driver — Four separate injuries over period of time involving two different employers and three different insurers — Worker claimed compensation for incapacity due to injuries — Judge makes award of periodic compensation in respect of the various injuries and related periods of incapacity — Apportionment (70:30) of burden of compensation between employers — Appeal to Court of Appeal by one employer (McRae) and insurer

(Swiss NSW) and cross-appeal by other employer (Linfox) and insurer (QBE) — Court of Appeal on first hearing dismisses appeal with reasons and dismisses

cross-appeal summarily on grounds unarguable.

Court of Appeal — Rehearing of cross-appeal — Question of which employer was liable to the worker for compensation and hence which insurer — Construction and application of s22 Workers Compensation Act 1987 re apportionment of liability for worker's compensation — Effect of subsequent amendments to Workers Compensation Act 1987 on question of power to apportion — Principles where incapacity may result from more than one injury or where results from only one of several injuries — Whether power of apportionment pursuant to s22 in these circumstances — Requirement to give reasons for decisions in compensation cases.