| CERTIFICATE OF DETERMINATION OF MEMBER | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Citation: | Iqbal v Hotel Operations Solutions Pty Ltd [2023] NSWPIC 48 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| APPLICANT: | Mohammed Javed Iqbal | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| RESPONDENT: | Hotel Operations Solutions Pty Ltd | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Member: | Rachel Homan | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| DATE OF DECISION: | 10 February 2023 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
CATCHWORDS: | WORKERS COMPENSATION - Claim for weekly compensation from 7 October 2010 to date and continuing; quantification of capacity and entitlement to weekly compensation; application of 2012 amendments; whether existing recipient; applicant assessed as having more than 30% permanent impairment in 2022 and now a worker with highest needs; application of the transitional provision in clause 2 of Schedule 8 to the Workers Compensation Regulation 2010 (Regulation); Meat Carter Pty Ltd v Melides; section 38A(1) of the Workers Compensation Act 1987; Held – applicant was partially incapacitated until 10 April 2012 and totally incapacitated thereafter; applicant not an existing recipient; clause 2 of Schedule 8 to the Regulation did not apply until Medical Assessment Certificate issued in 2022; awards for weekly compensation at varying rates. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| determinations made: | 1. From 7 October 2010 to 10 April 2012 the applicant was partially incapacitated for work as a result of the injury on 7 October 2010 (deemed). 2. From 11 April 2012 to date and continuing, the applicant has been totally incapacitated for work as a result of the injury on 7 October 2010 (deemed). | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
ORDERS MADE: | 3. The respondent to pay the applicant weekly compensation in accordance with the Table below:
4. The respondent to have credit for payments of weekly compensation already made during the period. 5. The parties have liberty to apply with respect to the mathematical calculations in the Table above within seven days. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
STATEMENT OF REASONS
BACKGROUND
Mr Mohammed Javed Iqbal (the…
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- Case
- [2023] NSWPIC 48
- Decision Date
CaseChat Overview and Summary
The court addressed whether Iqbal qualified as an existing recipient of compensation and if the transitional provision applied retroactively to him. It examined the case of Meat Carter Pty Ltd v Melides, where the High Court held that transitional provisions should not apply retrospectively unless explicitly stated. Given this, the court found that Iqbal was partially incapacitated until 10 April 2012, after which he became totally incapacitated. As he did not qualify as an existing recipient under the relevant provisions, the clause 2 of Schedule 8 did not apply until the issuance of the Medical Assessment Certificate in 2022.
Consequently, the court determined that Iqbal’s compensation should be awarded at varying rates reflecting his changing incapacity status. The decision hinged on the precise application of the legislative amendments and transitional provisions, leading to awards for weekly compensation at different rates. The court’s ruling ensured that Iqbal's entitlement was assessed in line with both the current and transitional provisions of the Workers Compensation Act 1987 and the Workers Compensation Regulation 2010.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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