Recent Cases

Secretary, New South Wales Department of Education v Johnson [2019] NSWCA 321 (20 December 2019) (Macfarlan JA at [1]; Emmett AJA at [2]; Simpson AJA at [80])


WORKERS’ COMPENSATION – Entitlement to lump sum compensation – Causal relation between injury and incapacity – The extent to which the first respondent’s present permanent impairment is the result of the first injury as distinct from the second injury.

ADMINISTRATIVE LAW – Jurisdictional error or error of law on the face of the record – Whether the Appeal Panel of the Workers Compensation Commission of NSW in certifying that the percentage whole person impairment of the first respondent as a result of the first injury was 6% committed jurisdictional error or an error of law on the face of the record.