Thazine-Aye v WorkCover Authority of New South Wales

In *Thazine-Aye v WorkCover Authority of New South Wales* [1995] NSWCA 467, the New South Wales Court of Appeal considered an appeal by Thazine-Aye against a decision of the District Court. The dispute concerned the assessment of Thazine-Aye's entitlement to weekly payments of compensation under the *Workers Compensation Act 1987* (NSW) following a work-related injury.

The primary legal issue before the Court of Appeal was whether the District Court had erred in its determination of Thazine-Aye's "average weekly earnings" for the purpose of calculating his statutory entitlement to weekly compensation. This involved an interpretation of the relevant provisions of the *Workers Compensation Act 1987* concerning how to calculate such earnings, particularly where the worker's employment was irregular or intermittent.

The Court of Appeal analysed the statutory definition of average weekly earnings, noting that it required a consideration of the worker's earnings over a period of 12 months prior to the injury. It was held that the District Court had correctly applied the principles of the Act by taking into account all relevant earnings, including those from casual or irregular employment, to arrive at a fair average. The Court affirmed that the purpose of the provision was to reflect the worker's earning capacity at the time of the injury, and that the District Court's approach had achieved this.

The appeal was dismissed, with the Court of Appeal upholding the decision of the District Court regarding the assessment of average weekly earnings.