Kemp v Geoffrey L Steinmetz t/as Crescent Head Bottle Shop

The applicant, Kemp, sought to appeal the decision of an Arbitrator who dismissed his claim for compensation for pain and suffering for an injury he received prior to 1 January 2002. The dispute was heard in the Workers Compensation Commission of New South Wales. The legal issues before the court involved whether there was a substantial injustice in not extending the time to appeal, and whether the repeal of section 67 of the Workers Compensation Act 1987 by the Workers Compensation Legislation Amendment Act 2012 applied to pre-2002 injuries.

The court found that the application to extend time to appeal was not warranted as the appeal had no prospect of success. The court followed the decision in Frick v Commonwealth Bank of Australia [2016] NSWWCCPD 6 and distinguished it from BP Australia Ltd v Greene [2013] NSWWCCPD 60. The court found that the repeal of section 67 of the Workers Compensation Act 1987 did not apply to pre-2002 injuries. The court also found that the Arbitrator's determination of 14 December 2015 was correct in law and fact.

The court refused the application to extend time to appeal and confirmed the Arbitrator's determination of 14 December 2015. This means that Kemp's claim for compensation for pain and suffering for his pre-2002 injury was dismissed, and he is not entitled to appeal the decision. The decision of the court is final and binding on the parties.