Bloomfield v Liebherr Australia Pty Ltd

[2007] WASCA 154

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Workers' Compensation
2. › Determination of degree of disability
3. › Whether Review Officer required to determine causation or only permanence of disability
4. › Whether Review Officer made adequate findings on all claimed disabilities
5. › Whether Compensation Magistrate misdirected herself as to the law
6. › Workers' Compensation and Rehabilitation Act 1981 (WA), ss 25, 93D, 93E(10)
1. Appeal
2. › Workers' compensation appeal
3. › Appeal on question of law
4. › Whether error of law made difference to outcome
5. › Workers' Compensation and Rehabilitation Act 1981 (WA), ss 84ZN(2), 84ZW

Quick Take

A Review Officer determining degree of disability under s 93D of the Workers' Compensation and Rehabilitation Act 1981 (WA) is not required to determine whether a disability was caused by a workplace injury, but may need to consider causation to the extent it is relevant to determining whether a disability is permanent. Where medical evidence links permanence to a particular cause, the Review Officer may consider causation for that limited purpose without straying into the separate question of whether the disability is work-related.