Humphreys v Mulco Tool & Engineering Pty Ltd

The dispute in *Humphreys v Mulco Tool & Engineering Pty Ltd* concerned whether the commencement of proceedings to recover damages for a work-related injury constituted an election under section 151A of the *Workers Compensation Act 1987* (NSW), thereby precluding the worker from claiming permanent lump sum compensation under that Act. The matter came before the Court of Appeal of New South Wales.

The primary legal issues before the court were: firstly, whether the worker's action in commencing proceedings for damages on 21 November 2001 amounted to an election for the purposes of section 151A of the *Workers Compensation Act 1987*; and secondly, whether, by virtue of clause 9(1) of the transitional provisions in Schedule 6, Part 18C of the 1987 Act, the newly inserted section 151A of the 1987 Act, as amended by the *Workers Compensation Legislation Further Amendment Act 2001*, applied to the worker's claim.

The Court of Appeal allowed the appeal, finding that the commencement of proceedings for damages did not constitute an election that precluded the worker from claiming permanent lump sum compensation. The court held that the relevant provisions, including the transitional arrangements, did not operate to prevent the worker from pursuing their claim for lump sum compensation. The court ordered that the appeal be allowed with costs.