Thompson v P & L Haulage Pty Limited

The case of Thompson v P & L Haulage Pty Limited involved a dispute regarding the review of a consent award made under Section 55 of the Workers Compensation Act 1987. The plaintiff, Mr. Thompson, sought a review of a consent award that had been made in relation to his workers' compensation claim, arguing that there had been a relevant change of circumstances which warranted the review. The case was heard in the Industrial Relations Commission of New South Wales.

The central legal issue the court had to decide was whether there had been a relevant change of circumstances since the original consent award that justified the review of the award under Section 55 of the Act. The court was required to determine what constituted a "relevant change of circumstances" and whether the evidence presented by Mr. Thompson met the criteria for such a change.

The court found that a relevant change of circumstances existed, as Mr. Thompson had provided evidence of significant changes in his medical condition and living situation since the original consent award was made. These changes included a deterioration in his health and an increase in his living expenses, which had not been anticipated at the time of the award. The court concluded that these changes were substantial and warranted a review of the compensation amount. Consequently, the court revoked the original determination and issued a new order reflecting the updated circumstances.

As a result of the court's decision, paragraph one of the Arbitrator’s determination dated 23 December 2009 was revoked, and a new order was made to reflect the updated compensation amount for Mr. Thompson. The new order was intended to better accommodate the changes in his circumstances since the original award.