Mid Coast County Council v Platz

Mid Coast County Council sought judicial review of a decision by an Arbitrator that it was liable to pay weekly compensation to Mr Platz. The Arbitrator had determined that Mr Platz was permanently and totally incapacitated for work due to an injury that arose out of and in the course of his employment. The Arbitrator also determined that Mr Platz was unable to earn in some suitable employment, and that the appellant should therefore pay compensation at the rate specified in the Workers Compensation Act 1987. The dispute arose because the appellant argued that Mr Platz was not permanently and totally incapacitated for work and that he was capable of earning in suitable employment. The appellant further argued that the Arbitrator had erred in exercising his discretion to determine the proper quantum of weekly compensation payments. The Court was required to decide whether Mr Platz was permanently and totally incapacitated for work, whether he was capable of earning in suitable employment, and whether the Arbitrator had correctly exercised his discretion in determining the proper quantum of weekly compensation payments. The Court found that Mr Platz was permanently and totally incapacitated for work and that he was not capable of earning in suitable employment. The Court also found that the Arbitrator had correctly exercised his discretion in determining the proper quantum of weekly compensation payments. The Court noted that the Arbitrator had considered all relevant factors in making his determination and had reached a decision that was open to him. The Court dismissed the appeal and confirmed the Arbitrator’s determination. In addition, the Court ordered that Mr Platz was to have credit in respect of any payment of wages or compensation made since 1 December 2009, and that the appellant was to pay Mr Platz’s costs of the appeal.