Stebbing v State of Victoria (Department of Education and Training)

In the matter of Stebbing v State of Victoria (Department of Education and Training), the dispute concerned the eligibility of the claimant, Stebbing, for weekly compensation payments under the Workplace Injury Rehabilitation and Compensation Act 2013. Stebbing, who suffered a work-related injury, sought clarification on whether his pre-injury average weekly earnings (AWEE) could be adjusted due to a voluntary alteration in the nature of his work. The Department of Education and Training contested this adjustment, arguing that it should not affect the AWEE calculation unless the alteration was due to work-related incapacity. The case was heard in the Court of Appeal.

The primary legal issue before the court was whether the pre-injury average weekly earnings should be adjusted when the worker voluntarily changes the nature of their work, excluding cases where the change is due to work-related incapacity. The court had to interpret and apply section 154(2) of the Workplace Injury Rehabilitation and Compensation Act 2013, which governs the calculation of weekly compensation payments based on AWEE. The court also needed to determine if the claimant's voluntary change in employment circumstances could be considered in calculating his weekly payments.

The Court of Appeal found that the claimant's voluntary alteration of the nature of his work did not constitute a reason to adjust his pre-injury average weekly earnings unless it was due to work-related incapacity. The court emphasised that the statute only permits adjustments when the change in work is a direct result of the injury. In this case, since the change in the nature of work was voluntary and not due to the injury, the Department of Education and Training was not required to adjust the pre-injury AWEE. The court's decision hinged on a strict interpretation of the statutory language and its application to the facts of the case.

The final orders of the court confirmed that the claimant's weekly compensation payments should be calculated based on the unaltered pre-injury average weekly earnings, and no adjustment was necessary. The court upheld the Department of Education and Training's position, ruling that the voluntary change in the nature of work was not grounds for altering the AWEE under the circumstances presented.