PATERSON v STANMORR PTY LTD and Another

2 VR 460·Winneke P, Phillips and Batt JJA
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2 VR 460
PATERSON v STANMORR PTY LTD and Another SUPREME COURT OF VICTORIA Winneke P, Phillips and Batt JJA 18 September, 23 November 2000 [2000] VSCA 0220 Accident compensation — Workers compensation — Weekly payments — Calculation — Pre-injury average weekly earnings — Meaning of “earnings” — Whether non-pecuniary benefits included — “Ordinary time rate of pay” — Whether fixed by employment contract — Accident Compensation Act 1985 (No 10191) ss 5(1), 5A, 5B, 93A, 93B..

Sections 93A and 93B of the Accident Compensation Act 1985 provided that a worker was entitled, while incapacitated for work, to weekly payments calculated on the basis of his or her “pre-injury average weekly earnings”. This was defined in s 5A(1)(a) of the Act to mean:

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