Recent Cases

Haddad v The GEO Group Australia Pty Ltd [2024] NSWCA 135 (05 June 2024) (Kirk and Stern JJA, Griffiths AJA)


Catchwords:


WORKERS COMPENSATION – Disease injury – Disease contracted by a gradual process – Deemed date of injury – where original claim for compensation sought both weekly payments under s 33 and medical treatment expenses under s 60 of the Workers Compensation Act 1987 (NSW) (1987 Act) – where claim for weekly payments was subsequently withdrawn – whether the operation of s 15(1)(a)(i) and (ii) of the 1987 Act to deem the date of injury depends on whether there is an incapacity for work and a consequential entitlement to claim compensation for economic loss which has resulted from the injury in circumstances where the claim for compensation does not depend upon demonstrating incapacity – whether the limitation period in s 261 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) is inapplicable in the particular circumstances of this case because the appellant abandoned his s 33 claim