Hand v Alcan Gove Pty Ltd

Hand v Alcan Gove Pty Ltd is an appeal from the Work Health Court concerning the interpretation of the Work Health Act and related amendments. The appeal concerns the appellant's entitlement to compensation for permanent impairment and lump sum entitlements following an injury sustained in the course of his employment with the respondent. The appellant had claimed compensation for a permanent impairment of 15% of the whole person under section 71(1) of the Act. The respondent had paid the appellant the sum of $9,901.32, which was calculated by taking 15% of 104 (weeks) x $634.70 (average weekly earnings in 1995).

The legal issues before the court were whether the amending provision was prospective or retrospective in effect, whether there was a causal connection between the injury and the appellant's condition, and whether the injury in the course of treatment amounted to a new injury. The court held that the appellant's injury arose out of and in the course of his employment. The court also held that the amendment to the Act applied only to injuries suffered after its commencement on 15 October 1991. The court found that the appellant's injury occurred before the amendment came into effect, and thus, the appellant was not entitled to the benefits of the amendment. The court also found that the injury in the course of treatment did not amount to a new injury.

The appeal was dismissed with costs. The court held that the appellant was not entitled to compensation for permanent impairment and lump sum entitlements under the amended provisions of the Act. The court found that the appellant's injury occurred before the amendment came into effect, and thus, the appellant was not entitled to the benefits of the amendment. The court also held that the injury in the course of treatment did not amount to a new injury.