NSW t/a New South Wales Department of Agriculture v Allen

(2000) 20 NSWCCR 314; [2000] NSWCA 141

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › From Compensation Court
3. › Question of law
4. › What constitutes
5. › Whether evidence capable in law of supporting finding of fact
6. › Distinction between sufficiency and no evidence points
1. Workers Compensation
2. › Injury
3. › Disease to which employment a contributing factor
4. › Exposure to carcinogenic or toxic substances
5. › Whether causing or contributing to death
6. › Whether causal connection established on balance of probabilities
7. › Workers Compensation Act 1987 (NSW), s 4
1. Workers Compensation
2. › Assessment of compensation
3. › Lump sum payments for permanent impairment
4. › Meaning of 'permanent'
5. › Whether impairment lasting until death is permanent within meaning of Act
6. › Workers Compensation Act 1987 (NSW), ss 65(1)(b), 66
1. Evidence
2. › Expert evidence
3. › Opinion based on assumed facts
4. › Whether hypothetical facts sufficiently established
5. › Whether disparity between assumed facts and proved facts renders opinion of no evidentiary value

Quick Take

Where a worker sustains a work-related injury whose sequelae involve progressive deterioration in physical abilities and bodily functions inevitably leading to death at some indefinite future time, the impairments are 'permanent' within the meaning of s.65(1)(b) of the Workers Compensation Act 1987 (NSW), and the worker's estate is entitled to lump sum compensation under s.66. The imminence of death does not render impairments 'temporary'. Separately, the case confirms that in workers' compensation appeals on questions of law, a submission that evidence capable of supporting a finding should have been accepted or rejected does not raise a question of law.