Orr v Direct Couriers (Australia) Pty Ltd

WORKERS COMPENSATION COMMISSION

APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR

CITATION:Orr v Direct Couriers (Australia) Pty Ltd [2004] NSW WCC PD 28

APPELLANT:  William Douglas Orr

RESPONDENT:  Direct Couriers (Australia) Pty Ltd

INSURER:NRMA Workers Compensation (NSW) (No.2) Pty Ltd

FILE NUMBER:  WCC 12768-2003 (WCC 5261-2002)

DATE OF ARBITRATOR’S DECISION:          14 November 2003

DATE OF APPEAL DECISION:  20 May 2004

SUBJECT MATTER OF DECISION: Jurisdiction to appeal a decision of the Registrar; whether costs can be claimed for multiple events exceeding the maximum in Clause 119 and Schedule 6 of the Workers Compensation Regulation 2003.

PRESIDENTIAL MEMBER:  Dr Gabriel Fleming

HEARING:On the papers

REPRESENTATION:  Appellant: Steve Masselos & Co. Solicitors

Respondent:  Bartier Perry Solicitors

ORDERS MADE ON APPEAL:  The decision of the Registrar is confirmed.

No order is made as to costs.

BACKGROUND

1. On 2 December 2003 William Douglas Orr (‘the Appellant/the Worker’) filed an appeal against a decision of the Registrar (by her delegate) of the Workers Compensation Commission dated 14 November 2003.

1. The Respondent to the Appeal is Direct Couriers (Australia) Pty Ltd (‘the Respondent’) and the relevant insurer is NRMA Workers Compensation (NSW) (No.2) Pty Ltd (‘the Insurer’).

1. The appeal relates to an ‘Application to Resolve Dispute’ lodged by the Worker and resolved by a Commission Arbitrator on 9 April 2003.  The Certificate of Determination issued on that date, details orders, made by the consent of the parties, as to payment of weekly compensation to the Worker.  The parties then reached an agreement as to compensation for whole person impairment and pain and suffering, and registered a Section 66A Lump Sum Agreement on 20 May 2003.  The parties could not reach an agreement as to costs and requested that the matter be referred to the Registrar for a costs assessment. 

1. The Registrar delegated the assessment of costs to an Arbitrator pursuant to section 371(2) of the Workplace Injury Management and Workers Compensation Act 1998 (‘the 1998 Act’). The Certificate of Determination of Applicant’s Costs, dated 14 November 2003, records the Registrar’s orders as follows:

The costs are assessed as follows:

1.The Applicant’s costs are assessed at $6,418.50 (inclusive of GST)

2.The Applicant’s costs of the Assessment are assessed at nil

No order as to costs of the assessment.

Determination
The total costs payable by the Respondent to the Applicant are therefore determined in the amount of $6,418.50 (inclusive of GST).

1. The Appellant seeks to have the decision of the Registrar revoked and a new decision made in its place awarding him $8,143.75 in costs under the Compensation Costs Table.  The total amount in dispute in this appeal is $1,725.25.

1. The Respondent argues that the decision should be confirmed and the Appellant pay the costs of the appeal. 

1. The appeal was referred to me on 21 April 2004.

ISSUES IN DISPUTE

1. There are essentially two errors of law submitted by the Appellant in the appeal.  They may be summarised as follows: 

1. The Registrar, by her delegate, erred in the interpretation…