Whitehaven Coal Mining Limited v Pain

[2018] NSWCA 229

NSW Court of Appeal

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Interrogate

Catchwords

1. Workers Compensation
2. › Weekly compensation
3. › Partial incapacity
4. › Assessment of weekly payments under s 11(1)(a) Workers' Compensation Act 1926 (NSW)
5. › Whether full difference between pre-injury and post-injury earnings properly awarded
6. › Whether evaluative judgment as to proper relation to difference was in issue at trial
7. › Workers' Compensation Act 1926 (NSW), s 11(1)(a)
1. Appeal
2. › Appeal on point of law
3. › Workers compensation jurisdiction
4. › Whether grounds of appeal identify a point of law
5. › Distinction between errors of law and errors of fact
6. › District Court Act 1973 (NSW), s 142N(1)
1. Appeal
2. › Appeal on point of law
3. › Adequacy of reasons
4. › Whether failure to provide sufficient reasons constitutes error of law
5. › Whether failure demonstrates constructive failure to exercise jurisdiction

Quick Take

Where the exercise of the discretion under s 11(1)(a) of the Workers' Compensation Act 1926 (NSW) to award less than the full difference between pre-injury and post-injury earnings is not raised at trial, the failure to address that discretion does not constitute an error of law on appeal.