Frick v Commonwealth Bank of Australia

The claimant, Frick, sought compensation for pain and suffering resulting from an injury received prior to 1 January 2002. The defendant, the Commonwealth Bank of Australia, argued that Frick’s claim was not eligible for compensation due to the repeal of s 67 of the Workers Compensation Act 1987 by the Workers Compensation Legislation Amendment Act 2012. This dispute was heard by the Workers Compensation Regulator of New South Wales, who ultimately ruled in Frick’s favour.

The central legal issue before the court was whether the repeal of s 67 of the Workers Compensation Act 1987 by the Workers Compensation Legislation Amendment Act 2012 applied to Frick's pre-2002 injury. This required a detailed examination of the relevant sections of the Workers Compensation Act 1987, including classes 3 and 15 of Part 19H of Schedule 6, as well as clause 11 of Schedule 8 to the Workers Compensation Regulation 2010. The court also considered the precedent set by BP Australia Ltd v Greene [2013] NSWWCCPD 60, although it distinguished this case on its unique facts.

In delivering its decision, the court carefully analysed the legislative changes and their implications for Frick's claim. It concluded that the repeal did not retroactively affect Frick’s eligibility for compensation for pain and suffering. The court emphasised that the intent behind the 2012 amendment was to limit the scope of compensation for injuries occurring after its enactment, not to diminish rights accrued from pre-2002 injuries. By confirming the Arbitrator’s determination, the court upheld Frick's right to compensation as initially assessed.

The final orders confirmed the Arbitrator’s decision of 19 October 2015, thereby affirming Frick’s entitlement to compensation for the pain and suffering arising from the pre-2002 injury. This outcome ensured that Frick received the compensation to which they were legally entitled, despite the legislative changes introduced after the injury occurred.