[1992] 2 VR 499
ACCIDENT COMPENSATION COMMISSION v TILLEY AND OTHER
SUPREME COURT OF VICTORIA APPEAL DIVISION
MARKS, SOUTHWELL and HEDIGAN JJ
19, 29 May 1992
[1992] 2 VR 499
Accident compensation — Gradual process injury — before and after appointed
day — Entitlement to compensation for entire period — Accident Compensation
Act 1985 (No 10191), s82(1), (6).
.
S82 of the Accident Compensation Act 1985 provides:
"(1) If there is caused to a worker an injury arising out of or in the course
of any employment the worker shall be entitled to compensation in accordance
with this Act.
. . .
(6) Where a worker suffers an injury which occurs by way of a gradual process
over time and which is due to the nature of employment in which the worker was
employed at any time before notice of the injury was given, the worker or the
worker's dependants shall be entitled to compensation under this Act as if the
injury were an injury arising out of or in the course of employment."
Each respondent suffered a gradual process injury, being progressive
degenerative disease of body joints. The degenerative process caused
disability both before and after 31 August 1985 (the "appointed day" on which
the relevant parts of the Accident Compensation Act came into operation). The
disability was contributed to by work performed by each respondent both before
and after the appointed day. The Accident Compensation Tribunal assessed
compensation upon the basis that the whole of the injury was suffered in the
course of employment after the appointed day. Upon appeal by the Accident
Compensation Commission.
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[1992] 2 VR 499
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