Recent Cases

Miller v Secretary, Department of Communities and Justice [2022] NSWCA 190 (23 September 2022) (Ward P, Brereton and Mitchelmore JJA)


Catchwords:


WORKERS COMPENSATION — Disease injury — Aggravation, acceleration, exacerbation, or deterioration in the course of employment — Where the deceased suffered an asthma attack causing cardiac arrest and anoxia, and ultimately resulting in her death, during the course of her employment — Where appellants initially pleaded the injury as an “asthma attack” — Where appellants brought a second claim for compensation pleading the injury as “cardiac arrest and anoxia” — Whether Anshun estoppel precluded the appellants from bringing the second claim

STATUTORY INTERPRETATION — Applicability of Anshun estoppel to the Workers Compensation Act 1987 (NSW) and the Workplace Injury Management and Workers Compensation Act 1998 (NSW)