Pacific National Pty Ltd v Baldacchino

(2018) 98 NSWLR 483; [2018] NSWCA 281

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Workers Compensation
2. › Compensation for medical treatment
3. › Time limits on compensation
4. › Exceptions to time limits
5. › Provision of artificial aids
6. › Whether total knee replacement is an 'artificial aid'
7. › Workers Compensation Act 1987 (NSW), s 59A(6)(a)
1. Words and Phrases
2. › 'Artificial aid'
3. › Workers Compensation Act 1987 (NSW), s 59A(6)(a)
1. Statutes
2. › Construction
3. › Noscitur a sociis and ejusdem generis
4. › Whether general words 'other artificial aids' limited by preceding specific words
5. › Re-enactment of judicially construed words
6. › Workers Compensation Act 1987 (NSW), s 59A(6)(a)

Quick Take

A total knee replacement is an 'artificial aid' within s 59A(6)(a) of the Workers Compensation Act 1987 (NSW), and the cost of surgery required to provide such an aid is also covered, meaning compensation for such procedures is not subject to the time limits in s 59A(1) and (2).