Marlene Beverley Keen v Workers Rehabilitation & Compensation Corporation No. Scgrg-97-444 Judgment No. 6519 Number of Pages 29 Workers' Compensation

Case

[1998] SASC 6519

25 February 1998


Details
AGLC Case Decision Date
Marlene Beverley Keen v Workers Rehabilitation & Compensation Corporation No. Scgrg-97-444 Judgment No. 6519 Number of Pages 29 Workers' Compensation [1998] SASC 6519 [1998] SASC 6519 25 February 1998

CaseChat Overview and Summary

This appeal concerns a worker's claim for workers' compensation for an illness or disorder of the mind. The worker alleged that her employment was a substantial cause of the disability and that the disability did not arise wholly or predominantly from reasonable administrative action taken in a reasonable manner by the employer in connection with her employment. The Review Officer found in favour of the worker and the employer appealed to the Workers Compensation Appeal Tribunal. The Tribunal dismissed the appeal. The worker appealed to the Supreme Court of South Australia, and the employer cross-appealed. The Court was asked to determine whether the employer's administrative action was reasonable and was taken in a reasonable manner and whether the worker's disability arose wholly or predominantly from the employer's administrative action. The Court held that the employer's administrative action was reasonable and was taken in a reasonable manner and that the worker's disability did not arise wholly or predominantly from the employer's administrative action. The worker's appeal was dismissed, and the employer's cross-appeal was allowed. The Court set aside the determination of the Tribunal and ordered that the appeal against the determination of the Review Officer be dismissed.
Details

Areas of Law

  • Workers Compensation

Legal Concepts

  • Contract Formation

  • Breach of Contract

  • Unjust Enrichment

  • Causation

  • Res Judicata

  • Limitation Periods

  • Jurisdiction

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Cases Citing This Decision

8

Cases Cited

8

Statutory Material Cited

0

Hawkins v Clayton [1988] HCA 15