Wiech v Aldi Stores

Teodozja Wiech (Ms Wiech), the appellant, appeals against the determination of an Arbitrator of the Workers Compensation Commission of New South Wales (the Commission) who found she was entitled to weekly compensation payments for the period 19 July 2014 to 27 August 2015. Ms Wiech claims she is entitled to weekly compensation for the period 19 July 2014 to 27 August 2016. The insurer, Allianz Australia Workers Compensation (NSW) Ltd (the insurer) denies liability for the additional period. Ms Wiech asserts that the Arbitrator erred by finding that she had a capacity to work 30 hours per week as a librarian. Ms Wiech submits that the Arbitrator erred by finding that she could work in a library in addition to her study hours. The appeal was determined by President Judge Keating on the papers. The appeal was successful. The period of the award in favour of Ms Wiech was extended to 27 August 2016. The Arbitrator’s finding that Ms Wiech had a capacity to work as a librarian for 30 hours per week was an error. Ms Wiech’s capacity to work was 15 hours per week as a librarian. The parties agreed that the appropriate hourly rate for work in a library was $30 per hour. The appeal was successful on that issue. Accordingly, the award in favour of Ms Wiech was reduced to $879.61 per week from 19 July 2014 to 27 August 2016.