Hunter Quarries Pty Ltd v Mexon

Hunter Quarries Pty Ltd (the appellant) sought judicial review of a decision of the Workers Compensation Commission Appeal Panel concerning the entitlement of the deceased, Mr Mexon, to compensation for permanent impairment. The dispute arose from the deceased's death, which occurred shortly after an injury sustained in the course of his employment. The appellant contended that the deceased was not entitled to compensation for permanent impairment under the *Workers Compensation Act 1987* (NSW) because his death followed inevitably and very soon after the injury.

The central legal issue before the Court of Appeal was the proper interpretation of the term "permanent impairment" as defined in section 66 of the *Workers Compensation Act 1987* (NSW). Specifically, the court had to determine whether an injury that resulted in death within minutes, and where death was an inevitable consequence, could constitute a "permanent impairment" for the purposes of the Act.

The Court of Appeal allowed the appeal, setting aside the primary judge's order and the decision of the Workers Compensation Commission Appeal Panel. The court reasoned that the concept of "permanent impairment" under section 66 of the Act presupposes that the worker survives the injury and suffers a lasting impairment to their physical or mental capacity. In circumstances where death is instantaneous or follows so closely that there is no period of survival during which an impairment can be assessed as permanent, the statutory scheme for permanent impairment compensation does not apply. The court concluded that the application to the Workers Compensation Commission Appeal Panel should be dismissed.