HIGH COURT DECISION
The High Court this morning upheld the employer’s appeal against the decision of the New South Wales Court of Appeal.
In a unanimous decision the Court made the following Order:
- Appeal allowed.
- Set aside paragraph 3 of the order of the Court of Appeal of the Supreme Court of New South Wales made on 29 April 2013 and, in its place, order that the question of law referred to the President of the Workers Compensation Commission of New South Wales as amended:
Do the amendments to Division 4 Part 3 of the Workers Compensation Act 1987 introduced by Schedule 2 of the Workers Compensation Legislation Amendment Act 2012 apply to claims for compensation pursuant to s66 made on or after 19 June 2012 where a worker has made a claim for compensation of any type in respect of the same injury before 19 June 2012?”
Clause 5(4) of Pt 19H of Sched 6 to the Workers Compensation Act 1987(NSW)(introduced by Sched 12(1) to the Workers Compensation Legislation Amendment Act 2012(NSW)) enabled the making of cl 11 of Sched 8 to the Workers Compensation Regulation 2010(NSW)(introduced by Sched 1(5) to the Workers Compensation Amendment (Transitional) Regulation 2012 (NSW)), with the effect that the amendment to Div 4 of Pt 3 of the Workers Compensation Act introduced by Sched 2 to the Workers Compensation Legislation Amendment Act apply to claims for compensation pursuant to s 66 of the Workers Compensation Act made on or after 19 June 2012, where the worker has not made a claim specifically seeking compensation under s66 or s67 before 19 June 2012.
- Appellant to pay the first respondent’s costs in this Court.
By allowing this appeal, the High Court held that the transitional regulation was valid and applied to extinguish Mr Goudappel’s entitlement to permanent impairment compensation.
We will be reviewing all of the ILARS applications affected by this decision and we will be in touch with Approved Legal Service Providers who have ILARS Grants affected by this decision.
“The High Court upheld the Employer’s appeal regarding the interpretation of the new schedule introduced into the new workers compensation legislation meaning that any worker who makes a claim for section 66 / 67 after 19 June 2012 will not be entitled to any compensation if impairment is less than 10% WPI and further there is no longer an entitlement to section 67 pain and suffering for all claims made after 19 June 2012”.
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Originally Issued 16 May 2014