SEARCH
Justinian News

Lehrmann v The Commonwealth and Corruption Concealment Commission ... Here's Brucie's Originating Application seeking legai aid funding for the investigation into "frivolous, 'James Bond' like allegations that the Applicant used 'official' information (being French submarine secrets) gathered on the night of 26 March 2019 for financial, professional and personal purposes, among other things ... More >> 

Politics Media Law Society

My Role in Gough's Downfall ... Reporter-at-Large … Scoops that flushed out the deceit behind the Dismissal … Big anniversary chinwag in Canberra on November 11 … The combined forces of Kerr, Ellicott and cousin Garfield … Constitutional manipulation … Maurice Byers to the rescue ... Read more >> 

Free Newsletter
Justinian Columnists

Know one, purl one ... Iron Lady of legal rectitude endorses Gageler ... The chief justice wants judges on the straight and narrow ... The cardboard cutout model of legislative supremacy ... The evils of judicial activism ... Procrustes on the dance floor with the Legislative-Judicial Foxtrot ... Read more >> 

Blow the whistle

 

News snips ...


AI at work ... The Epstein Files ... What a resurrected Christopher Hitchens says about Trump and Epstein ... Video >> 

 

Justinian's Bloggers

Berlusconi's dream world ... Revenge politics in Italy ... Independence of prosecutors under attack ... Constitutional assault ... The years of lead ... Investigations reopened into old murders ... High drama at Milan's Leoncavallo ... Rome correspondent Silvana Olivetti reports ... Read more >> 

"If we’re only picking people who have got completely lily-white records then we’ll be missing out on a lot of people that can contribute to public life.

NSW Premier Chris Minns, endorsing Mal Lanyon, his pick for Police Commissioner, whose contributions to public life include shouting drunken obsenities at a paramedic who came to his aid, and commandeering a police launch for private entertainment on New Year's eve ... Read more flatulence ... 


Justinian Featurettes

Schmoozing and betrayal ... Judge Water Softener rides into Integrityville mounted high on his horse ... Judicial review of corruption finding ... Intriguing submissions ... Unprecedented assistance to morals monitor ... The scale of the sub-rosa intrigue ... Plenty to think about ... Ginger Snatch reports ... Read more >> 

Justinian's archive

News Desk Special ... Angelic death notices from the bar ... Soapy slips on FOI changes ... Unusual interlocutory costs order for Chris Dale ... Judge ticks off Abbott in letters' page ... Knock About's festive salute to the coppers ... Read more >> 


 

 

« Gentlemen, please | Main | The PM who was never quite real »
Monday
Apr292013

The $1 billion judgment

Compo lawyers will be painting the town red ... NSW Court of Appeal wipes out 25 percent of the government's proposed savings from the 2012 workers comp reforms ... Lump sums are back - at the old rate  

Workers compensation black hole discovered by the Court of Appeal

The NSW Court of Appeal has blown a $1 billion black hole in the NSW workers compensation budget. 

In a decision handed down today (Monday, April 29) a beefy court, comprising Bathurst CJ, Beazley P and Basten JA found that last year's money-saving amendments to the Workers Compensation Act don't apply to those injured prior to June 19, 2012 who have a permanent impairment arising from a workplace injury and seek lump sum compensation.  

The amendments sought to save $4 billion in the workers comp system. Lump sum payments would only be available to workers with injuries causing greater than 10 percent impairment. 

Previously, claims for lump sums could be made with greater than one percent permanent impairment, plus top-ups if medical conditions deteriorated. 

Ronald Goudappel was injured at work when a bundle of steel purlins fell off a forklift, crushing his foot and ankle. 

His impairment was assessed at six percent. 

Under the previous workers comp regime he would have received a payment of $8,250.  

His entitlement to a lump sum depended on transitional provisions, which said that the amendments applied to claims made on or after June 19, 2012. 

The issue turned on whether "claim for compensation" in the provisions referred to a claim for compensation generally, or a claim specifically for lump sum compensation. 

The president of the WCC, Judge Greg Keating, applied the latter construction to  Goudapple's claim. 

In other words, he said the amendments denied a lump-sum payment to the worker. 

The CA, led by Basten, disagreed, finding that a "claim for compensation" referred to a claim for compensation generally, so his application for a lump-sum was not affected by the legislative change. 

That was because Goudappel made a claim for weekly benefits prior to June 19, 2012. 

The decision will wipe-out at least 25 percent of the savings the government planned to achieve. 

The only snag is that workers will have to pay their own costs. 

It is unlikely the the O'Farrell government has the political strength to tidy up its Act. 

This is one almighty stuff-up of a legislative reform. 

The responsibility most likely lies somewhere deep in WorkCover. Maybe, it's a case of being gripped by tunnel vision. 

See: Goudappel v ADCO Constructions 

Reader Comments

There are no comments for this journal entry. To create a new comment, use the form below.
Editor Permission Required
You must have editing permission for this entry in order to post comments.