Fletcher International Exports Pty Ltd v Barrow

In this matter, Fletcher International Exports Pty Ltd (the employer) appealed to the Court of Appeal of New South Wales against a decision of a Presidential member of the Workers Compensation Commission. The dispute concerned the employer's liability to pay compensation to a former employee for a shoulder injury, with the employer arguing that its condition was a "nature and conditions injury" rather than a "disease" or the aggravation of a disease, a distinction critical to determining liability between the employer and its insurer.

The primary legal issues before the Court of Appeal included whether the Arbitrator erred in finding that the worker suffered from a disease or the aggravation of a disease, given the employer's contention that the injury was merely a "nature and conditions injury." This also involved considering whether the employer was estopped from departing from its earlier submission that the worker's condition was "at best, a disease process." The court was also required to determine if the Arbitrator's findings of fact regarding the injury and its connection to the worker's employment were supported by evidence.

The Court of Appeal dismissed the employer's appeal, finding that the Arbitrator's determination that the worker suffered an injury to his right shoulder between 1990 and 2002, which arose out of or in the course of his employment and was substantially contributed to by that employment, was a finding of fact. The court noted that the Arbitrator had considered extensive medical evidence from various specialists provided by both the worker and the employer. The employer's argument that the injury was not a disease or the aggravation of a disease was rejected, particularly in light of the employer's prior concession that the condition was "at best, a disease process." The court found no error in the Arbitrator's factual findings, concluding that there was sufficient evidence to support the determination that the worker was suffering from an aggravation of a disease.

The appeal was dismissed with costs.