Avni v Visy Industrial Plastics Pty Ltd

Avni sought review of an Arbitrator’s decision, arguing that her entitlement to make a further claim for permanent impairment compensation was not exhausted by an intermediate claim that was withdrawn. The dispute involved the interpretation of Clause 11 of Schedule 8 to the Workers Compensation Regulation 2016, which was formerly Clause 11A of Schedule 8 to the Workers Compensation Regulation 2010. The primary issue before the court was whether the withdrawal of an intermediate claim for permanent impairment compensation could extinguish the worker's entitlement to make a further claim.

The court considered the statutory provisions and the legislative intent behind Clause 11 of Schedule 8 to the Workers Compensation Regulation 2016. It found that the plain language of the regulation did not support the conclusion that an intermediate claim, once withdrawn, would extinguish the worker's entitlement to a subsequent claim. The court emphasised that the regulation provided for a two-step process, where an intermediate claim could be made at the time of the injury, and a final claim at the time of cessation of entitlement to weekly compensation. The court concluded that the withdrawal of the intermediate claim did not extinguish the worker's entitlement to make a further claim for permanent impairment compensation. The Arbitrator’s Certificate of Determination was revoked, and the matter was remitted to the Registrar for referral to an Approved Medical Specialist for an assessment of the worker’s whole person impairment.