Ilea v Return to Work Corporation of South Australia

[2020] SASC 84

SUPREME COURT OF SOUTH AUSTRALIA

(Civil: Permission to Appeal in Private)

ILEA v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA

[2020] SASC 84

Judgment of The Honourable Chief Justice Kourakis

22 May 2020

WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION

Application brought by Mr Ilea for permission to appeal against a decision of the Full Bench of the South Australian Employment Tribunal (the Full Bench and the Tribunal respectively).

The Full Bench dismissed an appeal by Mr Ilea against a decision of a Deputy President striking out his application for review of a determination made by the Return to Work Corporation of South Australia rejecting his claim for a lump sum award for a claimed psychiatric disability. Section 43(5) of the Workers Rehabilitation and Compensation Act 1986 (SA) (the WRC Act) provided that no award of lump sum compensation could be made for a psychiatric impairment.

Held, refusing permission to appeal:

1 Section 43(5) of the WRC Act plainly precludes Mr Ilea's claim.

Workers Rehabilitation and Compensation Act 1986 (SA) s 43, referred to.
Ilea v Return to Work SA [2020] SAET 10; Ilea v Return to Work SA [2019] SAET 4, considered.

ILEA v RETURN TO WORK CORPORATION OF SOUTH AUSTRALIA
[2020] SASC 84

Civil

1. KOURAKIS CJ:    This is an application brought by Mr Ilea for permission to appeal to the Full Court from a decision of the Full Bench of the South Australian Employment Tribunal (the Full Bench and the Tribunal respectively) dated 28 January 2020.[1]

   [1]    Ilea v Return to Work SA [2020] SAET 10.

2. The Full Bench dismissed an appeal by Mr Ilea against a decision of a Deputy President of the Tribunal[2] striking out his application for review of a determination made by Return to Work SA rejecting his claim for a lump sum award of $500,000 for a claimed psychiatric disability. The Full Bench held that Mr Ilea’s claim was bound to fail and, therefore, an abuse of process because s 43(5) of the Workers Rehabilitation and Compensation Act 1986 (SA) provided that no award of lump sum compensation could be made for a psychiatric impairment. That sub-section plainly precludes Mr Ilea’s claim. This application has no merit.

   [2]    Ilea v Return to Work SA [2019] SAET 4.

3. Permission to appeal is refused.