Lara and K & S Freighters Pty Ltd (Compensation)

Case

[2017] AATA 955

26 June 2017


Details
AGLC Case Decision Date
Lara and K & S Freighters Pty Ltd (Compensation) [2017] AATA 955 [2017] AATA 955 26 June 2017

CaseChat Overview and Summary

This matter concerned a dispute between Mr Lara and K & S Freighters Pty Ltd regarding compensation for permanent impairment. The decision was made by Senior Member Egon Fice of the relevant tribunal.

The primary legal issue before the tribunal was whether Mr Lara had suffered a permanent impairment as defined by the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act), and consequently, his entitlement to compensation under sections 24 and 27 of that Act.

Senior Member Fice found, based on the evidence presented, that Mr Lara had indeed suffered a permanent impairment. The tribunal noted that there was no dispute between the parties concerning the assessment of non-economic loss, and the evidence supported Mr Lara's claim. Accordingly, the tribunal determined that the previous decision made by the Workers Compensation Claims Officer for K & S Freighters was incorrect.

The tribunal set aside the reviewable decision and remitted the matter to the Claims Officer to calculate the compensation payable to Mr Lara under sections 24 and 27 of the SRC Act. The parties were given seven days to make submissions regarding costs.
Details

Areas of Law

  • Employment Law

  • Administrative Law

Legal Concepts

  • Damages

  • Remedies

  • Statutory Construction

  • Costs

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0