| DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR | ||
| CITATION: | Paterson v Paterson Panel Workz Pty Limited [2018] NSWWCCPD 27 | |
| APPELLANT: | Timothy Ewan Paterson | |
| RESPONDENT: | Paterson Panel Workz Pty Limited | |
| INSURER: | GIO General Limited | |
| FILE NUMBER: | A1-10/18 | |
| ARBITRATOR: | Ms C McDonald | |
| DATE OF ARBITRATOR’S DECISION: | 26 March 2018 | |
| DATE OF APPEAL DECISION: | 6 July 2018 | |
| SUBJECT MATTER OF DECISION: | Benefits payable to workers who reside outside the Commonwealth; s 53 of the Workers Compensation Act 1987; meaning of “award”; application of transitional provision cl 17 of Sch 8 to the Workers Compensation Regulation 2016; application of Lee v Bunnings Group Limited [2013] NSWWCCPD 54 | |
| PRESIDENTIAL MEMBER: | President Judge Keating | |
| HEARING: | On the papers | |
| REPRESENTATION: | Appellant: | Lamrocks |
| Respondent: | Sparke Helmore Lawyers | |
| ORDERS MADE ON APPEAL: | 1. The Senior Arbitrator’s Certificate of Determination of 26 March 2018 is confirmed. | |
INTRODUCTION
This appeal concerns the application of s 53 of the Workers Compensation Act 1987 (the 1987 Act) and the jurisdiction of the Commission to make an order under that section after the expiration of the second entitlement period for payments of weekly compensation. In particular, it concerns whether the Commission has jurisdiction to make a declaration with respect to the permanence of a worker’s incapacity and his entitlement to continue to receive weekly payments of compensation.
BACKGROUND
On 18 October 2013, Timothy Paterson, the worker, suffered an injury to his left ankle and foot in the course of his employment with the respondent, Paterson Panel Workz Pty Limited when he landed awkwardly and fell after jumping from the back of a ute. He suffered consequential conditions in his right knee and left hip.
Mr Paterson was paid weekly compensation for more than 205 weeks, in respect of the injury sustained on 18 October 2013.
On 13 December 2017, Mr Paterson moved from Australia to the Philippines to live.
On 2 January 2018, Mr Paterson filed an Application to Resolve a Dispute (the Application), seeking medical expenses and lump sum compensation in respect of the injury on 18 October 2013. He claimed that he “[i]njured left ankle and left lower leg and secondary injury to the right knee and left hip caused by altered gait.” He claimed that the injury occurred while “working in the back of a utility motor vehicle and he jumped from the back of the vehicle to the ground, slipped and fell awkwardly and damaged his left ankle and foot.”
On 19 January 2018, Mr Paterson’s legal representative wrote to the respondent’s legal representative advising that Mr Paterson will seek to remain on ongoing weekly compensation while he resides outside of Australia pursuant to s 53 of the 1987 Act.
On 1 February 2018, the respondent’s insurer GIO General Limited (GIO) issued a notice pursuant to s 74 of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act). It denied further entitlement to weekly compensation on the basis that Mr Paterson had not obtained the requisite certificate or determination pursuant to…
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- Case
- [2018] NSWWCCPD 27
- Decision Date
CaseChat Overview and Summary
The Tribunal found that Mr Paterson had ceased to be entitled to weekly payments of compensation under s 53 of the 1987 Act, as he no longer resided in Australia. The Tribunal examined whether the incapacity for work resulting from the injury was likely to be of a permanent nature, as required by s 53(1). The Tribunal determined that the cessation of weekly payments was valid and in accordance with the legislative provisions. The Tribunal also found that cl 17 of Sch 8 did not apply to this case, as Mr Paterson had already been receiving weekly payments of compensation before the commencement of the 2016 Regulation. The Tribunal relied on the decision in Lee v Bunnings Group Limited [2013] NSWWCCPD 54, which held that cl 17 of Sch 8 applied only to existing recipients of weekly payments who had not undergone a work capacity assessment before 1 September 2015.
The Tribunal confirmed the Senior Arbitrator’s Certificate of Determination of 26 March 2018. The insurer was entitled to cease weekly payments of compensation to Mr Paterson, who had moved outside the Commonwealth. The Tribunal found that the cessation of weekly payments was valid under s 53 of the 1987 Act, and that cl 17 of Sch 8 did not apply to this case. The Tribunal also found that the decision to dispute liability for weekly payments of compensation was not a work capacity decision, and that the Commission did not have jurisdiction to determine any dispute about a work capacity decision of an insurer.
Orders
Orders of the court
1. The Senior Arbitrator’s Certificate of Determination of 26 March 2018 is confirmed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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