Acme Engineering Pty Ltd v Fuchs

[2006] TASSC 43

[2006] TASSC 43

CITATION:              Acme Engineering Pty Ltd v Fuchs [2006] TASSC 43

PARTIES:  ACME ENGINEERING (TAS) PTY LTD
  T/AS ACME PRECISION & GENERAL
  ENGINEERING TOOL MAKERS

v
FUCHS, Detlef

TITLE OF COURT:  SUPREME COURT OF TASMANIA
JURISDICTION:  APPELLATE
FILE NO/S:  LCA 17/2006
DELIVERED ON:  9 June 2006
DELIVERED AT:  Hobart
HEARING DATE:  1 May 2006
JUDGMENT OF:  Evans J

CATCHWORDS:

Workers Compensation – Proceedings to obtain compensation – Determination of claims – Appeals, judicial review and stated cases – Question of law – Generally – Partial incapacity – Whether reduction should be made to weekly payments.

Workers Rehabilitation and Compensation Act1988 (Tas), s69B(3).
Aust Dig Workers Compensation [340]

REPRESENTATION:

Counsel:
             Appellant:  M Wilkins
             Respondent:  J E Green
Solicitors:
             Appellant:  Page Seager
             Respondent:  John Green

Judgment Number:  [2006] TASSC 43
Number of paragraphs:  28

Serial No 43/2006
File No LCA 17/2006

ACME ENGINEERING (TAS) PTY LTD T/AS ACME PRECISION
& GENERAL ENGINEERING TOOL MAKERS v DETLEF FUCHS

REASONS FOR JUDGMENT  EVANS J

9 June 2006

1. Acme Engineering (Tas) Pty Ltd ("the employer") appeals against a determination by a Commissioner of the Workers Rehabilitation and Compensation Tribunal as to the weekly payments due to Detlef Fuchs ("the worker") for his partial incapacity for work.

1. On 30 September 2004, the worker, a toolmaker, crushed his right index finger in the course of his employment with the employer and was in consequence entitled to compensation pursuant to the Workers Rehabilitation and Compensation Act 1988, s25. Weekly payments, together with medical and other expenses, were duly paid by the employer in respect of the injury. The worker returned to work with the employer on 11 October 2004 and worked with the employer without loss of pay until 18 January 2005 when he was made redundant. Thereupon the worker claimed from the employer compensation by way of weekly payments, together with a lump sum payment pursuant to s71 for a permanent incapacity arising from his injury. These claims were disputed by the employer and were referred to the Tribunal by the worker. The Commissioner, who dealt with the reference, found that by reason of the worker's injury, he suffered from a permanent impairment and was partially incapacitated for work in that he was unfit to perform all the tasks required of a toolmaker. The Commissioner assessed the worker's lump sum entitlement pursuant to s71 and no challenge is made to that assessment.

1. As to the worker's claim for weekly payments arising from his partial incapacity, the Commissioner said:

"By s69(1)(b) compensation may be payable where partial incapacity results from an injury 'for the period of that incapacity equal to the difference between the worker's normal weekly earnings and the amount that the worker is earning or would be able to earn in suitable employment or business during that period of incapacity.' By s69(2) 'normal weekly earnings' in relation to a worker who is incapacitated for work, means the average weekly earnings of the worker over the period of 12 months ending at the commencement…