Central West Group Apprentices Ltd v Barrett

Central West Group Apprentices Ltd appealed against an arbitrator's determination which awarded lump sum compensation to the respondent, a former employee, for injuries sustained to his lumbar spine in two separate incidents occurring in 2003 and 2005. The appellant argued that the injuries should not be considered together as they did not constitute a single injurious event, and that the respondent was therefore not entitled to compensation under section 67 of the Workers Compensation Act 1987. The appellant also challenged the arbitrator's decision to award compensation for pain and suffering. The court had to determine whether the two incidents could be aggregated to meet the threshold for compensation, and whether the respondent was entitled to compensation for pain and suffering. The court found that the two incidents were part of the same injurious process, and could therefore be aggregated under section 322 of the Workplace Injury Management and Workers Compensation Act 1998. The court also found that the respondent was entitled to compensation for pain and suffering. The appellant's appeal was dismissed and the respondent was awarded the compensation ordered by the arbitrator.