WORKERS COMPENSATION COMMISSION
DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR
CITATION:Datta v Universal Consultancy Services Pty Ltd [2006] NSWWCCPD 85
APPELLANT: Mrinal Datta
RESPONDENT: Universal Consultancy Services Pty Ltd
INSURER:Allianz Australia Workers Compensation (NSW) Limited
FILE NUMBER: WCC20916-04
DATE OF ARBITRATOR’S DECISION: 9 May 2005
DATE OF APPEAL DECISION: 12 May 2006
SUBJECT MATTER OF DECISION: Dependency; section 37 Workers Compensation Act 1987
PRESIDENTIAL MEMBER: Acting Deputy President Bill Roche
HEARING:On the papers
REPRESENTATION: Appellant: In person
Respondent: Vardanega Roberts
ORDERS MADE ON APPEAL: Paragraph one of the Arbitrator's decision of 9 May 2005 is revoked and the following order is made:
Award for the Respondent.
Paragraph two of the Arbitrator's decision of 9 May 2005 is confirmed.
No order as to costs of the appeal.
BACKGROUND TO THE APPEAL
On 31 May 2005 Mrinal Datta (‘the Appellant Worker’) sought leave to bring an ‘Appeal Against Decision of Arbitrator’ in the Workers Compensation Commission (‘the Commission’) against decisions, dated 24 March 2004 and 31 May 2005.
The Respondent to the Appeal is Universal Consultancy Services Pty Ltd (‘the Respondent Employer’).
The Appellant Worker sustained serious injuries when he was assaulted in the course of his employment with the Respondent Employer on 3 February 2001. As a result of his injuries he brought a claim for compensation in the Compensation Court of NSW (‘the Court’) which was determined by Acting Judge Burke on 7 May 2002. His Honour made an award in favour of the Appellant Worker on the basis of total incapacity from 24 July 2001 to date and continuing at the rate applicable for a single worker with no dependents. In addition the Appellant Worker recovered lump sum compensation under section 66 of the WorkersCompensation Act 1987 (‘the 1987 Act’) in the sum of $9,000.00 in respect of 15% loss of power of speech and $4,000.00 in respect of 5% severe facial disfigurement. Compensation was also awarded in the sum of $10,000.00 under section 67 for pain and suffering. It should be noted that the first 26 weeks of compensation expired on 2 August 2001. Thereafter the Appellant Worker's award was pursuant to section 37 of the 1987 Act.
Some time after receiving his award the Appellant Worker returned to India where he now resides with his parents.
The papers before me do not include the pleadings before the Court and I have no details of claim made but it is common ground that the claim did not include a claim for any dependents.
The Appellant Worker is a single man who was born in India on 14 June 1968. He is the son of Sunil Bhusan Datta (‘Sunil’), a retired state government employee who was born on 8 March 1931, and Dipti Datta (‘Dipti’), a housewife born on 29 August 1936. Other relevant family members are his sisters Chitrita Datta (now Das) born on 9 December 1958 and Sangeeta Datta (now Mahanta) (‘Sangeeta’) born on 5 July 1969, and…
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- AGLC
- Datta v Universal Consultancy Services Pty Ltd [2006] NSWWCCPD 85
- Case
- [2006] NSWWCCPD 85
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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