Pacific National Pty Ltd v Baldacchino

Pacific National Pty Ltd appealed to the Supreme Court of New South Wales against a decision of the Workers Compensation Commission. The dispute concerned whether a total knee replacement constituted an "artificial aid" for the purposes of the *Workers Compensation Act 1987* (NSW).

The primary legal issue before the Court was whether the Deputy President of the Workers Compensation Commission had erred in law by finding that a total knee replacement was an artificial aid within the meaning of section 59A(6)(a) of the *Workers Compensation Act 1987* (NSW). This section deals with the recovery of costs for artificial aids.

The Court considered the meaning of "artificial aid" in the context of the Act and referred to the principles established in *Thomas v Ferguson Transformers Pty Ltd*. The Court concluded that the Deputy President's finding was not an error of law. The appeal and the application for leave to appeal were dismissed, with costs awarded to the respondent.