John Patrick Ettridge v WorkCover Corporation

[2013] HCASL 61

JOHN PATRICK ETTRIDGE

v

WORKCOVER CORPORATION

[2013] HCASL 61
A1/2013

1. The applicant applied for compensation from the respondent for an injury, which was said to have been occasioned in the course of his employment with a company of which he was the sole director.  His claim was accepted and he received weekly payments of compensation.  He disputed the amount of those payments.  The dispute came before Deputy President Judge Farrell in the Workers Compensation Tribunal of South Australia ("the Tribunal").  She found that the applicant was not a "worker" for the purposes of the Workers Rehabilitation and Compensation Act 1986 (SA) ("the Act").

2. The applicant appealed to the Full Bench of the Tribunal. It upheld Deputy President Judge Farrell's finding that the applicant was not a worker and her conclusion that the respondent's earlier acceptance of his claim did not in the face of s 106A of the Act estop it from denying his status as a worker. The appeal was allowed in part and the proceeding remitted for consideration of alternative ways in which the applicant's claim founded in estoppel was put.

3. The applicant sought to appeal against the decision of the Full Bench of the Tribunal to the Full Court of the Supreme Court of South Australia.  He required the permission of a judge of the Court to do so[1].  Stanley J refused permission, holding that none of the proposed grounds of appeal were reasonably arguable.  The Full Court refused leave to appeal from Stanley J's decision.

   [1]Workers Rehabilitation and Compensation Act 1986 (SA), s 86A(2a).

4. The applicant applies for special leave to appeal.  The documents filed in support of the application are discursive and, in parts, unintelligible.  There is no reason to doubt the conclusion of the Full Court.  If special leave to appeal were granted the appeal would have no prospect of success.

5. The application is dismissed.

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
8 May 2013 S.J. Gageler