SEARCH
Justinian News

Time's Up for Naughty Nathan ... Recommendation that horrible NSW solicitor be derolled ... Misuse of online funding campaigns ... Spraying ripe and abusive language ... Trolling Robert Beech-Jones ... So unfit and improper as to be beyond reeducation ... Anthony Kanaan reports ... Read more >>

Politics Media Law Society

Perils of the Defamatorium ... Lovely Linda Reynolds’ “victory” leaves her underwater … Politics, sex, law, and money … Injuries galore … The art of Tottling … Where’s the serious harm? … Trust me … Jurisdictional backwater ... Read more >> 

Free Newsletter
Justinian Columnists

Act of gracelessness ... Kathleen Folbigg's miserable ex gratia payout ... Comparable awards in other miscarriage cases ... Weasel words from the NSW Premier ... Need for a proper system of compensation assessment ... Procrustes in a lather ... Read more >> 

Blow the whistle

 

News snips ...


This area does not yet contain any content.
Justinian's Bloggers

Postcard from London ... Summertime - And the living' is easy ... Votes for 16-year olds ... Paralegal's theft by pen ... Spy helping British intelligence from his job at Border Force ... Super-injunction comes out of the shadows ... Feed them strawberries and cream ... Floyd Alexander-Hunt files from Blighty ... Read more >> 

"I actually never saw the President in any type of massage setting. I never witnessed the President in any inappropriate setting in any way. The President was never inappropriate with anybody. In the times that I was with him, he was a gentleman in all respects ... Trump was always very cordial and very kind to me. And I just want to say that I find, I admire his extraordinary achievement in becoming the president now."

Convicted sex trafficker Ghislaine Maxwell interviewed by Trump's former lawyer Todd Blanche, now Deputy Attorney General ... July 25, 2025. Interviews released by DOJ, August 22, 2025 ... Read more flatulence ... 


Justinian Featurettes

Schmoozing and Betrayal ... Judge Water Softener rides into Integrityville mounted high on his horse ... Judicial review of corruption finding ... Unprecedented assistance to morals monitor ... Plenty to think about ... Court reporter Ginger Snatch files ... Read more >> 

 

 

Justinian's archive

The Tamil Times ... The corruption wars ... Blitzkrieg from The Australian's legal affairs man ... Campaigns to sink ICAC and 18C ... Battles lost in the trenches ... Where are they now? ... Extravagant fulminations ... From Justinian's Archive, April 8, 2017 ... 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.