John William Liccione v Workers Rehabilitation and Compensation Corporation No. SCGRG 93/1435 Judgment No. 4368 Number of Pages 21 Workers' Compensation

The appeal is from a judgment of the Magistrates Court of South Australia, wherein the Court found for the respondent, the Workers Rehabilitation and Compensation Corporation. The Corporation had commenced proceedings to recover monies paid to the appellant, John William Liccione, pursuant to s.36 of the Workers Rehabilitation and Compensation Act 1986. The Corporation had paid the appellant weekly payments of income maintenance on account of an injury to his back, which he sustained on 28 March 1989. The Corporation, having received a medical certificate from Dr. Hallpike and Mr. North, a recognised medical expert, that the appellant had ceased to be incapacitated for work, decided to discontinue the weekly payments of income maintenance. The appellant applied for a review of that decision. The Review Officer confirmed the decision of the Corporation. The appellant appealed to the Workers Compensation Appeal Tribunal against the Review Officer's decision. The appeal was dismissed. The Corporation then sought to recover the monies paid. The appellant contended that he was still incapacitated for work and that the Corporation had no jurisdiction to seek repayment of the monies paid. The Magistrates Court found in favour of the Corporation and ordered the appellant to repay the monies. The appellant appealed to the Supreme Court, contending that the Magistrates Court erred in finding that the appellant was estopped from asserting that he was incapacitated for work, and that the Court had not allowed the appellant to properly present his case. The Court found that the Review Officer's decision was conclusive and that the appellant was estopped from asserting that he was incapacitated for work. The appeal was dismissed.