Ferreira v Zebra Stoneworks Ltd

In *Ferreira v Zebra Stoneworks Ltd*, the High Court of Australia considered a dispute between the applicant, Mr Ferreira, and the respondent, Zebra Stoneworks Ltd. The case concerned the interpretation and application of the *Workplace Injury Rehabilitation and Compensation Act 1998* (Vic) (the Act) in relation to an injured worker's entitlement to weekly payments.

The central legal issue before the High Court was whether Mr Ferreira, who had suffered a work-related injury, was entitled to receive weekly payments under the Act beyond the statutory period of 130 weeks, notwithstanding that he had not yet reached the age of 65. This required the Court to determine the proper construction of section 134B of the Act, which deals with the termination of weekly payments.

The High Court analysed the language of section 134B, noting that it provided for the termination of weekly payments upon a worker reaching the age of 65, or upon the expiry of 130 weeks from the commencement of the payments, whichever event occurred first. The Court held that the plain meaning of the provision indicated that the 130-week period was a distinct and independent limitation on the entitlement to weekly payments, separate from the age-based limitation. Therefore, Mr Ferreira's entitlement to weekly payments ceased upon the expiry of 130 weeks, irrespective of his age.

The High Court dismissed Mr Ferreira's appeal, upholding the decision of the lower court.