Alto Ford Pty Ltd v Antaw

Alto Ford Pty Ltd (the employer) appealed to the New South Wales Court of Appeal against a decision of the Workers Compensation Commission. The dispute concerned a claim for workers compensation by Mr Antaw (the worker) for a disease of gradual process affecting his eye. The Commission had found that the worker had suffered an injury and awarded compensation.

The Court of Appeal was required to determine when the date of injury was deemed to have occurred and when the date of incapacity was deemed to have occurred, in circumstances where the worker's employment was to the nature of which the disease was due. Specifically, the court considered the application of the relevant provisions of the *Workers' Compensation Act 1987* (NSW) to a disease that developed over time.

The Court of Appeal reasoned that the date of injury for a disease of gradual process is the date on which the worker first became aware, or ought reasonably to have become aware, of the injury and its connection to their employment. The date of incapacity is the date on which the worker first suffered a loss of earnings as a result of that injury. The court found that the Commission had erred in its application of these principles, leading to an incorrect determination of the relevant dates.

Consequently, the appeal was allowed, and the decision of the Workers Compensation Commission was set aside.