John Buttigieg v The Government Insurance Office of New South Wales

In *John Buttigieg v The Government Insurance Office of New South Wales* [1990] NSWCA 35, the New South Wales Court of Appeal considered an appeal concerning the interpretation of a statutory provision relating to the assessment of damages for personal injury. The dispute arose from a claim for workers' compensation benefits following an injury sustained by the appellant, John Buttigieg, while employed by the respondent, the Government Insurance Office of New South Wales.

The central legal issue before the Court of Appeal was whether the appellant was entitled to receive weekly payments of compensation under the relevant legislation for a period exceeding 26 weeks, notwithstanding that he had returned to work in a different capacity. This turned on the construction of section 11 of the *Workers' Compensation Act 1987* (NSW), which stipulated conditions for the continuation of weekly payments beyond the initial 26-week period.

The Court of Appeal analysed the wording of section 11, focusing on the requirement that an injured worker must be "incapable of undertaking suitable employment" to continue receiving weekly payments beyond 26 weeks. It was held that the appellant, having returned to work in a different role, was not incapable of undertaking suitable employment, even if that employment was less remunerative or involved different duties. The Court applied the principle that statutory provisions must be interpreted according to their plain meaning, and that the legislative intent behind section 11 was to limit the duration of weekly payments to those workers who were genuinely unable to engage in any form of suitable employment.

The appeal was accordingly dismissed, with the Court of Appeal affirming the decision of the primary judge that the appellant was not entitled to weekly payments beyond the initial 26-week period.