Da Ros v Qantas Airways Ltd

The appeal concerned a dispute between Mr. Da Ros (the appellant) and Qantas Airways Ltd (the respondent) regarding a workers compensation claim. The appellant sought to appeal a decision of the Workers Compensation Commission constituted by Deputy President O’Grady to the Court of Appeal of New South Wales. The central issue was whether the appellant's employment constituted a "substantial contributing factor" to his injury, which occurred during what was described as 'slip-time' but was alleged to be in the course of his employment.

The Court of Appeal was required to determine whether the Deputy President had erred in law in his assessment of the appellant's claim. Specifically, the court had to consider the proper interpretation and application of section 9A of the *Workers Compensation Act 1989* (NSW), which requires employment to be a "substantial contributing factor" to an injury for an employer to be liable. The appeal was brought under section 353 of the *Workplace Injury Management and Workers Compensation Act 1998* (NSW), which permits appeals to the Court of Appeal on a question of law.

The Court of Appeal found that the Deputy President had misconstrued the relevant legal principles. It held that the Deputy President had failed to properly consider the evidence in light of the statutory test. The court reasoned that the Deputy President's approach had led to an erroneous conclusion regarding the appellant's employment being a substantial contributing factor to his injury. Consequently, the court allowed the appeal, setting aside the decision of the Workers Compensation Commission.

The Court of Appeal ordered that the matter be remitted to the Workers Compensation Commission for reconsideration according to law, with the specific direction that the appellant's employment was to be treated as a substantial contributing factor to the injury. The respondent was also ordered to pay the appellant's costs of the appeal.