CSR Ltd v Elliott; George Ward Pty Ltd v Ubero Pty Ltd

In *CSR Ltd v Elliott* and *George Ward Pty Ltd v Ubero Pty Ltd*, the New South Wales Court of Appeal considered appeals arising from separate proceedings concerning the interpretation and application of the *Workers Compensation Act 1987* (NSW). The first appeal involved CSR Ltd challenging a decision that awarded compensation to an injured worker, while the second appeal concerned George Ward Pty Ltd's challenge to a similar award in favour of an injured worker. Both cases ultimately turned on the proper construction of provisions within the Act relating to the assessment of weekly payments for injured workers.

The central legal issue before the Court of Appeal was whether the weekly payments of compensation payable to an injured worker under the *Workers Compensation Act 1987* should be calculated by reference to the worker's pre-injury earnings, or by reference to the worker's earning capacity at the time of the injury, taking into account any concurrent employment. Specifically, the Court had to determine how to treat income from multiple sources when assessing the appropriate weekly compensation amount for a worker who suffered an injury in the course of one employment but had other concurrent employment.

The Court of Appeal held that the relevant provisions of the *Workers Compensation Act 1987* required the calculation of weekly payments to be based on the worker's total earning capacity at the time of the injury, including income from all concurrent employments. The Court reasoned that the Act intended to compensate for the loss of earning capacity, and therefore, all sources of income that contributed to that capacity at the time of injury should be considered. This approach ensured that the compensation reflected the worker's overall economic position prior to the injury, rather than being limited to the earnings from the specific employment in which the injury occurred. The appeals were accordingly dismissed.