StateCover Mutual Ltd v Cameron

The dispute in *StateCover Mutual Ltd v Cameron* concerned the identification of the insurer liable to pay workers' compensation to an employee. The primary issue was whether the Workers Compensation Act 1987 (NSW) (the Act) imposed liability on the insurer on risk at the time the employee was last exposed to the injury, or the insurer on risk at the time the employee ceased employment. The case was heard in the Court of Appeal of New South Wales.

The central legal question before the Court of Appeal was the proper interpretation of section 18(1) of the Act, specifically the meaning of "employment" in the context of determining which insurer was liable for compensation. This involved considering whether words or concepts from other provisions of the Act, which were not expressly present in section 18(1), should be read into it to resolve the ambiguity. The Court had to determine the temporal nexus between the injury, the employment, and the insurer's liability.

The Court of Appeal dismissed the appeal, upholding the primary judge's decision. The Court reasoned that section 18(1) of the Act, when read in its entirety and in conjunction with other relevant provisions, indicated that the insurer on risk at the time of the last exposure to the injury was the liable insurer. The Court rejected the argument that the insurer on risk when the employee ceased employment should be held liable, finding no textual support for importing such a requirement into section 18(1). The appeal was dismissed, and the appellant was ordered to pay the respondents' costs.