Flying Solo Properties Pty Ltd t/as Artee Signs v Collet

In the case of Flying Solo Properties Pty Ltd trading as Artee Signs v Collet, the dispute involved a claim for the cost of proposed surgery to a worker's cervical spine. This claim was before the court on 1 October 2012 and was governed by the interpretation of section 59A of the Workers Compensation Act 1987. The central legal issues revolved around the meaning of "payable" and "ceased to be entitled to weekly payments of compensation" in section 59A, as well as the application of clause 5 of Part 1 of Schedule 8 to the Workers Compensation Regulation 2010.

The court examined the statutory provisions to determine the applicability of the employer's obligation to pay for the proposed surgery. It considered whether the employer had ceased to be entitled to weekly payments of compensation, which would trigger the obligation under section 59A. The court held that the employer was still entitled to weekly payments, as the claimant had not fully recovered and was continuing to receive payments. Therefore, the employer was not obligated to pay for the proposed surgery under section 59A. The Arbitrator's Certificate of Determination, which had been issued on 21 October 2014, was revoked in part and confirmed in part.

As a result, the court revoked paragraph 2 of the Arbitrator's Certificate, which had ordered the employer to pay for the proposed surgery. However, it confirmed paragraphs 1 and 3 of the Certificate. The court made no order regarding costs.