Fugen Holdings Pty Ltd v Brassington

Fugen Holdings Pty Ltd appealed to the New South Wales Court of Appeal against a decision of the Workers Compensation Commission concerning a claim for lump sum compensation by Mr Brassington. The dispute centred on the Commission's assessment of permanent impairment and compensation for pain and suffering.

The Court of Appeal was required to determine whether the Commission had erred in its assessment of permanent impairment, specifically whether it had wrongly assessed the impairment as a percentage of a "most extreme case" rather than a percentage of the compensation payable for total loss. Additionally, the Court had to consider whether the Commission had erred in awarding compensation for pain and suffering as a result of the injury, rather than as a result of the loss sustained.

The Court of Appeal, applying the principles from *Jones Brothers Bus Co Pty Ltd v Baker* and *Borovac v Corporate Ventures Pty Ltd*, found that while the Commission may have mischaracterised the basis for its assessment of permanent impairment, the factual outcome was the same as if it had applied the correct methodology. Similarly, regarding pain and suffering, the Court concluded that on the facts of the case, there was no practical difference in the result, and the award was not excessive.

The appeal was dismissed, and Fugen Holdings Pty Ltd was ordered to pay the costs of the appeal.