Stone v Stannard Brothers Launch Services Pty Ltd

The appellant, Stone, brought proceedings against the respondent, Stannard Brothers Launch Services Pty Ltd, in the District Court of New South Wales. The dispute concerned a claim for a lump sum payment for disfigurement arising from a disease of gradual onset, which the appellant alleged was aggravated during his employment with the respondent.

The primary legal issues before the Court of Appeal were whether the "time of injury" for a disease of gradual onset should be considered the time of incapacity, and consequently, which of the *Workers' Compensation Act 1926* (NSW) or the *Workers' Compensation Act 1987* (NSW) applied to the appellant's claim for lump sum compensation for disfigurement.

The Court of Appeal held that for a disease of gradual onset, the "time of injury" for the purposes of lump sum compensation for disfigurement is the date on which the injury first manifested or became apparent, not the date of incapacity. The Court reasoned that the *Workers' Compensation Act 1987* applied to injuries that occurred after its commencement, and that the appellant's injury, for the purpose of disfigurement, manifested before the commencement of the 1987 Act. Therefore, the claim should have been assessed under the provisions of the *Workers' Compensation Act 1926*.

The appeal was allowed, the award made by the District Court was set aside, and the matter was remitted to the District Court for determination in accordance with the Court of Appeal's reasons. The respondent was ordered to pay the appellant's costs of the appeal.