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Cadbury Schweppes Pty Ltd v Davis [2011] NSWWCCPD 4. Roche DP. 31.01.11.

In [30].. Though liability accrues when the injury occurs: Orica Ltd v CGU Insurance Ltd [2003] NSWCA 331 at [21], compensation is not payable for the mere receipt of an injury. It is payable for the consequences that result from the injury. This follows from the terms of the legislation.

A worker who has received “an injury” shall receive compensation from his or her employer “in accordance with” the 1987 Act: s 9 of the 1987 Act.

If total or partial incapacity for work “results from an injury”, the compensation payable by the employer shall include a weekly payment during the incapacity: s 33 of the 1987 Act).

If, “as a result of an injury received by a worker”, it is reasonably necessary that any hospital or medical treatment be given to the worker, the worker’s employer is liable to pay the cost of that treatment: s 60 of the 1987 Act.


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