Carrington Abrasive Cleaners Pty Limited v Standen

In the case of Carrington Abrasive Cleaners Pty Limited v Standen, the parties involved were the employer, Carrington Abrasive Cleaners Pty Limited, and the worker, Mr Standen. The dispute centred on the amount of workers' compensation payable to Mr Standen following a change in his circumstances. The matter was heard in the Industrial Commission of New South Wales. The primary issue before the Court was whether the employer was required to pay Mr Standen an increased amount of weekly compensation following a change in his circumstances under section 55 of the Workers Compensation Act 1987.

The Court considered whether the Arbitrator's determination had correctly assessed the amount of weekly compensation payable to Mr Standen following a change in his circumstances. The Court noted that section 55 of the Workers Compensation Act 1987 required the employer to pay the worker an amount of compensation that was appropriate to the worker's changed circumstances. The Court found that the Arbitrator had erred in law in not taking into account the relevant legislative provisions when assessing the amount of weekly compensation payable to Mr Standen. The Court revoked the Arbitrator's determination and made new orders for the amount of weekly compensation payable to Mr Standen.

The Court ordered that the award of Neilson CCJ of 12 December 1994 in matter No 30872 of 1994 in the Compensation Court of NSW be increased under section 55 of the Workers Compensation Act 1987 and that the employer was to pay Mr Standen weekly compensation on the basis of partial incapacity under section 11(1) of the Workers Compensation Act 1926, as saved under Schedule 6 of the 1987 Act. The Court ordered that the weekly compensation payable to Mr Standen was to be adjusted on a six-monthly basis from 30 April 2004 until the present date, and that such payments were to continue until further order of the Commission.