Yates Bros (Stratford) Pty Ltd v Neil

Yates Bros (Stratford) Pty Ltd appealed to the New South Court of Appeal against a decision of the Workers Compensation Commission. The appeal concerned a claim for workers' compensation by Mr Neil for a disease of gradual onset.

The primary legal issue before the Court of Appeal was whether the employer could seek an apportionment of liability under section 22 of the *Workers Compensation Act 1987* (NSW) in relation to a claim for a disease of gradual onset, which falls under section 15 of the same Act.

The Court of Appeal held that section 22, which permits apportionment of liability between employers where an injury is found to be due to the nature of employment with more than one employer, does not apply to diseases of gradual onset under section 15. The Court reasoned that section 15 deals with the specific circumstances of gradual onset diseases and does not incorporate the apportionment provisions of section 22. The appeal was therefore dismissed.