The amended s 12D of the Dust Diseases Tribunal Act 1989, prohibiting deductions from non-economic loss for compensation paid or payable under the Workers Compensation (Dust Diseases) Act 1942, does not overrule the general principle from Harris v Commercial Minerals that future pension entitlements are deductible from economic loss components of common law damages. Future medical expenses payable under the Dust Diseases Act must also be deducted from damages awards. On a remitter for reassessment of damages, questions of law remain open even where the reassessment is to be conducted on the basis of the original findings and evidence.
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