Booth v Fourmeninapub Pty Ltd

[2020] NSWCA 57

NSW Court of Appeal

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Interrogate

Catchwords

1. Workers Compensation
2. › Definition of injury
3. › Disease injury under s 4(b)(ii)
4. › Aggravation, acceleration, exacerbation or deterioration of disease
5. › Whether genetic predisposition to disease constitutes a 'disease'
6. › Distinction between predisposition and pre-existing disease
7. › Workers Compensation Act 1987 (NSW), s 4(b)(ii)
1. Workers Compensation
2. › Appeal from Workers Compensation Commission
3. › Appeal confined to point of law
4. › Whether President erred in construing expert report
5. › Distinction between identifying meaning of expert report and evaluating evidence
6. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 352, 353
1. Appeal
2. › Further evidence on appeal
3. › Special grounds
4. › Whether further evidence relevant where appeal confined to question of law
5. › Whether further evidence obtainable with reasonable diligence
6. › Supreme Court Act 1970 (NSW), s 75A(8)

Quick Take

The Court held that a genetic predisposition to a condition cannot ground a claim under s 4(b)(ii) as an aggravation of a pre-existing disease; such claims must instead be framed under s 4(b)(i) as a disease contracted in the course of employment.