PCR Plaster Settings Pty Ltd v De Brito (No 3)

In the case of PCR Plaster Settings Pty Ltd v De Brito, the Full Bench of the Workers Compensation Regulator considered an appeal by the worker against the Arbitrator’s decision concerning the cessation of his weekly compensation payments. The Arbitrator had dismissed the worker’s application for the restoration of such payments, finding that his right to compensation had been abrogated under section 52A(1)(a) of the Workers Compensation Act 1987. The appeal raised questions about the worker’s efforts to secure suitable employment and the applicability of sections 54, 52A, and 38A of the Act. Additionally, the court examined whether the discretion to admit additional evidence on appeal under section 352(6) of the Workplace Injury Management and Workers Compensation Act 1998 was correctly exercised.

The central legal issues before the court were whether the worker had taken reasonable steps to find suitable employment, as required under section 54 of the Workers Compensation Act 1987, and if the Arbitrator had properly exercised their discretion to admit additional evidence under section 352(6) of the Workplace Injury Management and Workers Compensation Act 1998. The court needed to determine if the Arbitrator's decision to dismiss the worker’s application for the restoration of weekly compensation payments was justified based on the evidence presented.

The court found that the Arbitrator had not erred in dismissing the worker's application for the restoration of weekly compensation payments. The court concluded that the worker had not sufficiently demonstrated his efforts to secure suitable employment as required by section 54 of the Workers Compensation Act 1987. Furthermore, the court upheld the Arbitrator's decision to exclude additional evidence on the basis that it did not provide a sufficient basis to alter the Arbitrator's original findings. Therefore, the Arbitrator’s determination was confirmed in all respects except for the order regarding the cessation of weekly compensation payments, which was revoked as per the orders made by the Full Bench.