Goyen Controls Co Pty Ltd v Neufeldt

[2011] NSWWCCPD 28

WORKERS COMPENSATION COMMISSION
DETERMINATION OF AN APPLICATION TO STRIKE OUT A PRE-FILING STATEMENT
CITATION:		Goyen Controls Co Pty Ltd v Neufeldt [2011] NSWWCCPD 28
APPLICANT DEFENDANT:		Goyen Controls Co Pty Ltd
RESPONDENT CLAIMANT:		Liuteine Neufeldt
FILE NUMBER:		3746/11
DATE OF DECISION:		27 May 2011
SUBJECT MATTER OF DECISION:		Application to strike out pre-filing statement under s 151DA of the Workers Compensation Act 1987
PRESIDENTIAL MEMBER:		President Judge Keating
HEARING:		On the papers
REPRESENTATION:		Applicant Defendant:	Ellison Tillyard Callanan
Respondent Claimant:	Steve Masselos & Co
ORDERS MADE ON APPLICATION:		Pursuant to s 151DA of the Workers Compensation Act 1987, the claimant’s Pre-Filing Statement is struck out by consent. No order as to costs.

BACKGROUND TO THE APPLICATION

1. Liuteine Neufeldt alleges that on 10 December 2005, in the course of his employment with Goyen Controls Co Pty Ltd (Goyen), he suffered an injury to his right hand together with a psychological injury. Following the incident on 10 December 2005, Mr Neufeldt’s right index and middle fingers were amputated at Liverpool Hospital.

2. On 29 March 2007, Mr Neufeldt’s claim pursuant to s 66 of the Workers Compensation Act 1987 (the 1987 Act) for whole person impairment was settled in his favour being 22 per cent whole person impairment.

3. Mr Neufeldt filed an Application to Resolve a Dispute in the Commission on 1 May 2007 seeking compensation for pain and suffering. That application was resolved by consent on 7 June 2007.

4. On 21 September 2009, Mr Neufeldt served a pre-filing statement on Goyen.

5. On 15 October 2009, Goyen served a draft defence on Mr Neufeldt. 

6. On 30 June 2010, Mr Neufeldt filed an Application for Mediation of a Work Injury Damages Claim in the Commission.  A mediation conference was held before Mediator Nolan on 5 November 2010.  However, the parties failed to reach agreement at the mediation.

7. On 9 May 2011, Goyen lodged an Application to Strike Out a Pre-Filing Statement in the Commission seeking an order that Mr Neufeldt’s pre-filing statement be struck out pursuant to s 151DA(4) of the 1987 Act.

8. On 23 May 2011, Mr Neufeldt’s solicitors forwarded a letter to the Commission stating that they were instructed not to file a Notice of Opposition and further that they had their client’s instructions to consent to Goyen’s application.

9. In the circumstances, the claimant’s pre-filing statement is struck out, by consent.

COSTS

1. No order as to costs.

ORDERS MADE ON APPLICATION

1. Pursuant to s 151DA of the Workers Compensation Act 1987, the claimant’s Pre-Filing Statement is struck out by consent.

2. No order as to costs.

Judge Keating

President

27 May 2011

I, MARGOT UNDERCLIFFE, CERTIFY THAT THIS IS A TRUE AND ACCURATE RECORD OF THE REASONS FOR DECISION OF JUDGE KEATING, PRESIDENT OF THE WORKERS COMPENSATION COMMISSION.

ASSOCIATE