What are some of the guidelines to be taken into account to determine the degree of disability when an employee sustained an injury at the workplace?
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In Department of Labour: Compensation Commissioner v Botha (2022) 3 SALLR 17 (SCA), our
supreme court of appeal, inter alia, adopted the following approach:
- it is important to realise that, in terms of s49(2)(a) of COIDA, if an employee sustained an injury
in Schedule 2, such employee is presumed to be permanently disabled to the degree as set out
in the second column - what is the meaning of the sixth item in the first column of Schedule 2, to the effect that, if an
employee suffered an injury not listed in such schedule, he would be deemed to be 100%
disabled?- the SCA indicated that not every injury not listed in Schedule 2 entails a 100% disablement
and the extent of disability falling outside of Schedule 2 must be determined in the light of
the specific facts of the specific case and according to medical evidence
- the SCA indicated that not every injury not listed in Schedule 2 entails a 100% disablement
