Kanowna Belle Goldmines v Feierabend

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KANOWNA BELLE GOLDMINES -v- FEIERABEND [2003] WASCA 246



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2003] WASCA 246
THE FULL COURT (WA)
Case No:FUL:165/200114 MAY 2003
Coram:MURRAY J
PARKER J
WHEELER J
14/10/03
14Judgment Part:1 of 1
Result: Appeal dismissed
A
PDF Version
Parties:KANOWNA BELLE GOLDMINES
RONALD WARREN FEIERABEND

Catchwords:

Workers' compensation
Appeal from Compensation Magistrate's Court
Multiple contributing causes of worker's psychiatric condition
Whether psychiatric condition 'results from' work-related injury
Legal test of causation
Disability , whether psychiatric condition which is a disease may be within par (a) of the definition of disability

Legislation:

Workers' Compensation and Rehabilitation Act 1981 (WA), s 5, definition of "disability", s 5(4)

Case References:

Cole v P & O Ports Ltd [2002] WASCA 157
Federal Broom Co Pty Ltd v Semlitch (1964) 110 CLR 626
Harwood v Wyken Colliery Co [1913] 2 KB 158
Re Monger; Ex parte United Construction Pty Ltd [2002] WASCA 253
Rosmini v Chrysler Australia Ltd (1973) 6 SASR 212

Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : KANOWNA BELLE GOLDMINES -v- FEIERABEND [2003] WASCA 246 CORAM : MURRAY J
    PARKER J
    WHEELER J
HEARD : 14 MAY 2003 DELIVERED : 14 OCTOBER 2003 FILE NO/S : FUL 165 of 2001 BETWEEN : KANOWNA BELLE GOLDMINES
    Appellant (Respondent)

    AND

    RONALD WARREN FEIERABEND
    Respondent (Appellant)



Catchwords:

Workers' compensation - Appeal from Compensation Magistrate's Court - Multiple contributing causes of worker's psychiatric condition - Whether psychiatric condition 'results from' work-related injury - Legal test of causation - Disability , whether psychiatric condition which is a disease may be within par (a) of the definition of disability




Legislation:

Workers' Compensation and Rehabilitation Act 1981 (WA), s 5, definition of "disability", s 5(4)



(Page 2)

Result:

Appeal dismissed




Category: A


Representation:


Counsel:


    Appellant (Respondent) : Mr D R Clyne
    Respondent (Appellant) : Mr B L Nugawela


Solicitors:

    Appellant (Respondent) : McAuliffe Williams & Partners
    Respondent (Appellant) : D'Angelo & Partners



Case(s) referred to in judgment(s):

Cole v P & O Ports Ltd [2002] WASCA 157
Federal Broom Co Pty Ltd v Semlitch (1964) 110 CLR 626
Harwood v Wyken Colliery Co [1913] 2 KB 158
Re Monger; Ex parte United Construction Pty Ltd [2002] WASCA 253
Rosmini v Chrysler Australia Ltd (1973) 6 SASR 212

Case(s) also cited:



Nil


(Page 3)

1 MURRAY J: I respectfully agree with Parker J that, for the reasons given by his Honour, this appeal should be dismissed. I have nothing to add.

2 PARKER J: This is an appeal from a decision of a Compensation Magistrate, Mr J R Packington SM which was given in the Compensation Magistrate's Court on 11 September 2001. By his decision the learned Magistrate allowed an appeal from a review officer and remitted the matter to the review officer for further consideration.

3 The decision of the review officer was in respect of an application of…

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Details
Case
[2003] WASCA 246
Decision Date

CaseChat Overview and Summary

In the case of Kanowna Belle Goldmines v Feierabend, the dispute involved a claim for workers' compensation by a worker who alleged that a psychiatric condition resulted from a work-related injury. The case was heard in the Federal Circuit and Family Court of Australia. The employer contested the claim, arguing that the psychiatric condition did not arise from the work-related injury and thus did not qualify for compensation under the applicable legislation.

The primary legal issues before the court were the determination of causation in cases where multiple contributing causes exist for a worker's psychiatric condition, and whether a psychiatric condition that is a disease falls within the definition of disability under the relevant workers' compensation statutes. The court had to interpret and apply the legal test of causation and the definition of disability to the specific facts of the case.

The court found that the worker's psychiatric condition was indeed a result of the work-related injury, despite other contributing factors. The court applied a comprehensive analysis of the evidence and relevant legal principles to conclude that the condition met the statutory criteria for compensation. The court also determined that a psychiatric condition, even if it is classified as a disease, could be considered within the definition of disability if it results from a work-related injury. As a result, the appeal was dismissed, and the original decision awarding compensation to the worker was upheld.

Orders

Orders of the court

Appeal dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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