NSW Caselaw
ACACIA TIMBER & TRADING CO PTY LTD v KACANIC; MMI WORKERS COMPENSATION (NSW) LTD v KACANIC
SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
SHELLER and POWELL JJA and FITZGERALD AJA 23 November 1998, 23 December 1998 [1998] NSWCA 4
WORKERS compensation — worker suffered three injuries in 1981, 1987 and 1991 — appeals on two insurers — consideration of liability, causation and apportionment — application of s16, s22, s67 and s68A of the Workers Compensation Act 1987.
Sheller JA I agree with Fitzgerald AJA. Powell JA I agree with Fitzgerald AJA.
Fitzgerald AJA These two appeals are brought from an award made by the Compensation Court in favour of Mr Kasum Kacanic, who at all material times was employed by Acacia Timber & Trading Co Pty Ltd. Mr Kacanic suffered three frank injuries in the course of his employment, on 13 May 1981, 20 September 1987 and 17 September 1991.
On 13 May 1981, Mr Kacanic fell three metres from his truck and thereafter experienced great pain in his back and right shoulder and down the right side of his low back and his right hip. He was admitted to hospital for a period, and was unable to return to work for about seven months. Thereafter, he continued to suffer lower back pain, but at that time had no problem with his legs.
On 20 November 1987, Mr Kacanic was lifting a tarpaulin from the ground on the other side of his truck across its load when he experienced bad lower back pain. He was off work for a week. Thereafter, his back pain in the course of his ordinary duties was worse, although he still had no problem with his legs. From time to time, his pain left him unable to work.
On 17 September 1991, Mr Kacanic felt a very bad lower back pain while using a crowbar to shift a load across and from his truck. On this occasion, he also experienced numbness in his legs. Again, he had a period off work, and, subsequently, he continued to be unable to work from time to time.
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