Argus Real Estate Holdings Pty Limited t/as Ray White(Belconnen) v Lyristakis

[2002] FCAFC 256

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Interrogate

Catchwords

1. Workers' Compensation
2. › Compensation for personal injury
3. › Partial incapacity for work
4. › Onus on worker to establish financial loss
5. › Calculation of compensation under statutory formula
6. › Whether worker discharged onus of proving economic incapacity
7. › Workers Compensation Act 1951 (ACT), s 7, Sch 1 cl 1(c)
1. Appeal
2. › Appeal from Territory Supreme Court to Federal Court
3. › Nature of appeal
4. › Exercise of judicial power
5. › Standard of appellate review
6. › Whether Supreme Court erred in disturbing Magistrate's findings of fact
7. › Whether findings open on the evidence
1. Workers' Compensation
2. › Arbitration of disputes
3. › Nature of arbitration under Workers Compensation Act 1951 (ACT)
4. › Appeal from Magistrate sitting as arbitrator
5. › Workers Compensation Act 1951 (ACT), ss 24, 26

Quick Take

A worker claiming weekly compensation for partial incapacity under the Workers Compensation Act 1951 (ACT) bears the onus of proving financial loss in accordance with the Schedule 1 formula, including evidence of pre-injury earnings and post-injury earning capacity. A finding of compensable injury does not of itself warrant an award of weekly compensation; the worker must establish that the incapacity has led to a loss of earnings calculated under the statutory formula. Where the evidence is inadequate to support the necessary calculations, the Magistrate's refusal to make an award will not be disturbed on appeal.