May 2014 | Employers Liability
The High Court of Australia delivered judgment today in ADCO Constructions Pty Ltd v Goudappel & Anor in favour of ADCO Constructions.
The effect of the High Court’s decision is that if a worker did not specifically claim compensation for permanent impairment before 19 June 2012, then the worker:
The decision assists insurers and employers by reducing liability for permanent impairment claims under the Workers Compensation Act 1987 (‘WCA 1987’).
The primary question to be determined by the High Court was: Do the permanent impairment amendments under the Workers Compensation Legislation Amendment Act 2012 (NSW) apply to claims made before 19 June 2012, where there was no specific claim for compensation under section 66 or section 67 of the WCA 1987?
There are no further avenues for appeal from the High Court decision.
The High Court has held that the amendments do apply to such claims.
has no entitlement to permanent impairment compensation unless they exceed 10% whole person impairment (section 66(1) of the WCA 1987); is not entitled to compensation for pain and suffering (former section 67 of the WCA 1987); is limited to one claim for permanent impairment compensation for an injury (section 66(1A) of the WCA 1987); and is limited to one medical assessment certificate as to the degree of permanent impairment in respect of an injury (section 322A of the WIM Act 1998).
http://www.austlii.edu.au/au/cases/cth/HCA/2014/18.html - link to judgment.
For more information, please contact: Craig Bell
| T: 02 8257 5737
Graham White | T: 02 8257 5712 Mary Karekos
| T: 02 8257 5731
Robbie Elder
| T: 02 8257 5766
John.Hick@turkslegal.com.au
Sydney | Level 44, 2 Park Street, Sydney NSW 2000 | T: 02 8257 5700 | F: 02 9264 5600 Melbourne | Level 10 (North Tower) 459 Collins Street, Melbourne VIC 3000 | T: 03 8600 5000 | F: 03 8600 5099
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