SRA v Akhnoukh

The State Rail Authority of New South Wales (the appellant) appealed an award made by Maguire CCJ in favour of a worker (the respondent). The award was made under sections 66 and 67 of the Workers Compensation Act, with the primary judge ordering the appellant to pay the respondent $10,800 for an 18% permanent impairment of his back and $10,125 for a 13.5% loss of the use of his left leg. Additionally, the respondent was awarded $9,000 for pain and suffering. These amounts were subject to a 10% reduction pursuant to section 68A(6) of the Act.

The central legal issues before the court concerned the factual determination of whether the worker's back condition was exacerbated by his work experience between 30 June 1987 and 1997, during which period he performed light duties including standby guard and office work without lifting baggage. The court also considered the interpretation of the primary judge's findings, particularly regarding the meaning of "recurrence" and the relevant period of injury, which counsel agreed should be understood as "exacerbation of back pain" and "from 1981 to 1997" respectively. The appeal also involved questions relating to section 6A(6) of the Act.

The court found that there was a "slender thread" of evidentiary material from the worker suggesting that his back problems were exacerbated by his work during the period of light duties, despite concessions that the deterioration was irrespective of whether he was doing clerical or guard work. The court noted unresolved ambiguities in the medical evidence, which was not presented orally, and saw no reason to overturn the primary judge's award. The court agreed with Meagher JA's reasoning on the section 6A(6) issue.

The appeal was dismissed with costs.