Miller v State of New South Wales [2018] NSWCA 152

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Miller v State of New South Wales [2018] NSWCA 152 Hearing dates: 8 June 2018 Decision date: 12 July 2018 Before: McColl JA; Meagher JA; Leeming JA Decision: Appeal dismissed with costs Catchwords: WORKERS COMPENSATION – death of worker – disease injury – pre-existing medical condition – where deceased suffered severe asthma attack leading to anoxia and fatal cardiac arrest – whether employment a substantial contributing factor to aggravation, acceleration, exacerbation or deterioration of asthma condition – Workers Compensation Act 1987 (NSW), s 4(b)(ii), s 9A, s 25

WORKERS COMPENSATION – appeal from Arbitrator to Acting Deputy President pursuant to Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 353 – death of worker – disease injury – where Arbitrator found cause of deceased's injury a pre-existing medical condition not aggravated by her employment – failure to make a finding not sought at first instance or on appeal – whether error in point of law Legislation Cited: Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Miller v The State of New South Wales [2017] NSWWCC 66. Category: Principal judgment Parties: David Miller (Appellant) State of New South Wales (Respondent) Representation: Counsel: D Hooke SC and J Wilson (Appellant) P Morris SC and L Morgan (Respondent)

Solicitors: Stacks Law Firm Southern (Appellant) Moray & Agnew Lawyers (Respondent) File Number(s): 2017/295372 Publication restriction: Nil Decision under appeal Court or tribunal: Workers Compensation Commission Jurisdiction: Presidential Member Citation: [2017] NSWWCCPD 38 Date of Decision: 1 September 2017 Before: Acting Deputy President Geoffrey Parker SC File Number(s): A1-5831/16