Cristian Ilea v WorkCover Corporation

[2013] HCASL 194

CRISTIAN ILEA

v

WORKCOVER CORPORATION

[2013] HCASL 194
A24/2013

1. On 22 June 2011, the applicant made a claim for workers compensation for a physical injury to his leg.  This claim was resolved.  On 12 October 2011, the applicant made a further claim regarding the psychological sequelae of his leg injury ("claim 2").  Claim 2 was accepted for medical expenses only.  On 13 October 2011, the applicant made a claim for psychological injury caused by bullying at work ("claim 3").  Claim 3 was ultimately accepted for medical expenses only.

2. The applicant appealed the results of claims 2 and 3 to the Workers Compensation Tribunal (South Australia) ("the Tribunal").  Following upon a concession made by the respondent, the Tribunal (Farrell DPJ) ordered that claim 3 be accepted for weekly payments for income maintenance as well as medical expenses.  However, Farrell DPJ struck out the applicant's appeal in relation to claim 2.

3. The applicant appealed from this decision.  On 8 May 2013, the Full Bench of the Tribunal (McCusker DPJ, Parsons DPJ and Lieschke DP) held that the Tribunal had erred in form but not in substance.  The Full Bench held that claim 2 should have been accepted for both weekly payments and medical expenses, but that the payment outcome would not change because the applicant was not entitled to double recovery.  Accordingly, the Full Bench amended the Tribunal's orders but dismissed the appeal.

4. On 8 August 2013, the Full Court of the Supreme Court of South Australia (Kourakis CJ, Vanstone and David JJ) refused the applicant permission to appeal the Full Bench's orders.  The applicant had not claimed any greater award of compensation than that which had been made and he had not put an arguable case that the Full Bench's decision was attended by error.

5. The applicant now applies for special leave to appeal to this Court.  There is no reason to doubt the decision below.  Special leave is refused.

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
13 December 2013 P.A. Keane