THIESS CONTRACTORS PTY LIMITED v HILLS [1996] NSWCA 524

THIESS CONTRACTORS PTY LIMITED v HILLS

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

GLEESON CJ, PRIESTLEY JA and WADDELL AJA 15 April 1996 [1996] NSWCA 524

WORKERS COMPENSATION — PARTIAL INCAPACITY — MULTIPLE EVENTS

The worker suffered partial incapacity. He injured his shoulder whilst employed by one employer. An event occurred whilst in the employ of a later employment which was said to have "re-aggravated" the shoulder injury. The trial judge found that the partial incapacity was caused by the first injury. There was ample medical evidence to support this finding - HELD - Appeal by first employer dismissed - No question of principle involved.

Gleeson CJ. It is unnecessary to go into the detail of the background to this appeal. The reasons for judgment of this Court can be read together with the reasons for judgment of his Honour Judge Maguire QC at first instance. The central issue in the appeal is that addressed by His Honour at the bottom of p 3 and the top of p 4 of his reasons for judgment.

The first respondent, the worker, was employed as a steel fixer. In February 1991, whilst in the employment of the appellant, he suffered a major trauma involving an incident in which he found himself dangling by one arm at a considerable height from an item of equipment in the workplace. According to the evidence the worker is a man who was grossly overweight and this event had serious consequences for his shoulder.

He underwent surgery in April 1991 and returned to work in May 1991, but between May 1991 and November 1991 he experienced pain inhis shoulder. He was assisted to do his ordinary work by the co-operation of some of his workmates. On 4 November 1991, whilst in the employment of the second respondent and in the course of undertaking an ordinary task involving moving some steel rods, he experienced what he described as a locking of his shoulder and severe pain. He underwent further surgery early in 1992 and was found ultimately to be partially incapacitated. The existence of that incapacity formed the basis of the awards in his favour.