Tag: Residual earning capacity
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Nominal Defendant v Livaja: injury, impairment and incapacity
Nominal Defendant v Livaja [2011] NSWCA 121 [65] There are distinctions to be drawn between injury and impairment or disability consequent upon injury, and between impairment or disability and diminished earning capacity. Because an individual has a physical and mental ability to undertake certain tasks, it does not necessarily follow that he has a significant…
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Fuller v Avichem Pty Ltd: principles for residual earning capacity
Fuller v Avichem Pty Ltd (t/as Adkins Building & Hardware) [2019] NSWCA 305 [45] The following principles are applicable to the determination of whether a plaintiff such as Mr Fuller has residual earning capacity: Because an individual has a physical and mental ability to undertake certain tasks, it does not necessarily follow that he has…
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Mead v Kerney: residual earning capacity
Mead v Kerney [2012] NSWCA 215 [18] Having determined what he described as the respondent’s “theoretical work capacity” (Judgment [219]), his Honour proceeded to determine whether the respondent could, as a practical matter, utilise that capacity to obtain work in the geographic area in which it was reasonable for him to seek work. This reflected…