[1990] VR 519
EDUCATION DEPARTMENT v BRYDEN and Others
SUPREME COURT OF VICTORIA APPEAL DIVISION
MURPHY, MARKS and GOBBO JJ
31 July, 1, 29 August 1989
[1990] VR 519 AT 519
Accident compensation — Death — Prior recovery of damages at common law by
deceased — Whether bar to application for compensation by dependants — Workers
Compensation Act 1958 (No. 6419), s63(3), s64(c).
.
The dependants of a deceased worker, who in his lifetime has recovered damages
at common law for injuries sustained by him at his place of work, are entitled
on his death resulting from such injury to compensation under the Workers
Compensation Act 1958 irrespective of such recovery of damages.
Manton v Cantwell [1920] AC 781 and Hadfields Steel Works Ltd v Meyer (1962)
108 CLR 171, applied.
Ogden Industries Pty Ltd v Lucas (1968) 118 CLR 32, referred to.
Discussion of the difficulties in reconciling various provisions of the
workers' compensation legislation and the history of amendments to it.
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[1990] VR 519
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