| WORKERS COMPENSATION COMMISSION | |||
| DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR | |||
| CITATION: | Woolworths Ltd v Stafford [2015] NSWWCCPD 36 | ||
| APPELLANT: | Woolworths Ltd | ||
| RESPONDENT: | Steven Victor Stafford | ||
| INSURER: | Self-insured | ||
| FILE NUMBER: | A1-6733/14 | ||
| ARBITRATOR: | Mr W Dalley | ||
| DATE OF ARBITRATOR’S DECISIONS: | 25 March 2015 and 8 April 2015 | ||
| DATE OF APPEAL HEARING: | 18 June 2015 | ||
| DATE OF APPEAL DECISION: | 24 June 2015 | ||
| SUBJECT MATTER OF DECISION: | Claim for permanent impairment compensation; meaning of “claim” in s 66(1A) of the Workers Compensation Act 1987; whether a “claim” for permanent impairment compensation can be amended | ||
| PRESIDENTIAL MEMBER: | Deputy President Bill Roche | ||
| HEARING: | Oral | ||
| REPRESENTATION: | Appellant: | Mr A Parker, instructed by TurksLegal | |
| Respondent: | Mr G Horan, instructed by Turner Freeman Lawyers | ||
| ORDERS MADE ON APPEAL: | 1. Leave to appeal is granted. 2. For the reasons in this decision, the Arbitrator’s determinations of 25 March 2015 and 8 April 2015 are confirmed. | ||
INTRODUCTION
This appeal concerns changes to the recovery of permanent impairment compensation (also referred to as lump sum compensation) introduced by the Workers Compensation Legislation AmendmentAct 2012 (the 2012 amending Act).
Prior to the amendments introduced by the 2012 amending Act, workers were entitled to recover, in addition to any other compensation under the Workers Compensation Act 1987 (the 1987 Act), compensation for permanent impairment that resulted from an injury (s 66(1)). To recover such compensation, the relevant whole person impairment had to be at least one per cent. If the impairment was 10 per cent or more, the worker was also entitled to receive compensation for pain and suffering under s 67. If, after recovering permanent impairment compensation, a worker’s condition deteriorated as a result of the injury, he or she was entitled to recover additional permanent impairment or lump sum compensation (Lourdes House Hospital v Wheeler (1996) 13 NSWCR 495).
Section 66, as amended by the 2012 amending Act, now provides that a “worker who receives an injury that results in a degree of permanent impairment greater than 10% is entitled to receive from the worker’s employer compensation for that permanent impairment” as provided in that section. A note to s 66(1) states that “[n]o permanent impairment compensation is payable for a degree of permanent impairment of 10% or less”. In addition, due to the repeal of s 67, no compensation is now recoverable for pain and suffering. The amendments also added s 66(1A), which states that “[o]nly one claim can be made under this Act for permanent impairment compensation in respect of the permanent impairment that results from an injury”. The parties agree that the amendments apply in the present case.
The present appeal concerns the meaning of the word “claim” in s 66(1A). The main issue is whether, as the employer contends, “claim” in s 66(1A) means “a demand” for payment of permanent impairment compensation, or, as the worker contends, and the Arbitrator found, it means a claim for compensation which is capable of payment in accordance with the 1987 Act. A second…
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- AGLC
- Woolworths Ltd v Stafford [2015] NSWWCCPD 36
- Case
- [2015] NSWWCCPD 36
- Decision Date
CaseChat Overview and Summary
The court was required to determine the precise scope and meaning of the term “claim” in the context of section 66(1A) of the Workers Compensation Act 1987, and whether a claim for permanent impairment compensation could be amended after the initial claim had been made. Specifically, the court needed to interpret whether such amendments fall within the legal definition of a claim under the Act and whether the amendments constituted a new claim.
The court held that the term “claim” in section 66(1A) of the Workers Compensation Act 1987 encompasses the entire scope of the claim, including any subsequent amendments. The court found that Stafford's amendment to his initial claim was an extension of the original claim, rather than the initiation of a new claim. Therefore, the court confirmed that such amendments do not constitute a new claim and are permissible under the Act. The court’s interpretation aligned with the legislative intent to provide a comprehensive and flexible framework for workers' compensation claims.
The final orders of the court granted leave to appeal and confirmed the Arbitrator’s determinations of 25 March 2015 and 8 April 2015, thereby affirming that Stafford's amended claim for permanent impairment compensation was valid and within the scope of the original claim.
Orders
Orders of the court
1. Leave to appeal is granted.
2. For the reasons in this decision, the Arbitrator’s determinations of 25 March 2015 and 8 April 2015 are confirmed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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