Salvatore Lemura Mark Anthony Sutcliffe and Barry Brown v Workers Rehabilitation and Compensation Corporation Nos. Scgrg-96-1318, Scgrg-96-1694, Scgrg-97-0017 Judgment No. 6173 Number of Pages 14 Workers' Compensation

The appeals in these matters were concerned with the interpretation of s34 of the Workers Rehabilitation and Compensation (Miscellaneous Provisions) Amendment Act, 1995. The appellants in each case sought compensation for non-economic loss by way of a lump sum for permanent loss of the capacity to engage in sexual intercourse. The court was required to determine whether the appellants had made an application or request for such compensation before the cut-off date of 12 April 1995. The court considered the submissions of counsel and the relevant provisions of the Act. The court concluded that the appeals of Lemura and Sutcliffe should fail as they had not made the necessary application or request before the cut-off date. However, the appeal of Brown should be allowed as the letter sent by his solicitors on 31 March 1995 amounted to an "application or request" for compensation. The court also considered the issue of costs and held that the appeals of Lemura and Sutcliffe on the orders as to costs should be upheld. The respondent should pay the costs of the appeal to the Tribunal. The court ordered that each party pay their own costs in the matter.