A few weeks ago I stumbled on this interesting NSW legal workers compensation case, whereby the NSW Workers Compensation Commission ordered the employer to pay the worker weekly compensation on the basis of probable earnings rather than actual earnings!
Employer ordered to pay weekly compo on basis of probable rather than actual earnings
Background of the workcover legal case
The [injured] worker (the Applicant) was employed by the Benevolent Society as a full-time Network Manager. In mid-2008, she was incapacitated as a result of a non-work related injury and was granted leave without pay for 12 months.
When the Applicant returned to work she was informed that her position as Network Manager was no longer available because of a “business restructure”. She decided to accept a part-time role as Project Manager. She was paid for her work at a pro-rata amount of her Network Manager wage. At the end of the 3 month probationary period, it was agreed that she would return to full-time work.
However, in September 2009, the applicant injured her shoulder at work while still in her probationary period. The Benevolent Society accepted liability and paid the Applicant weekly compensation on the basis of her part-time earnings.
As per “usual”, Arbitrator Connelly found that the injured worker was only entitled to her part-time rate, being the rate applicable immediately prior to her injury. The injured worker was not happy with this outcome and appealed the decision.
Decision on appeal
Accordingly, the injured worker was entitled to full-time wages because it was likely that she would have recommenced full-time employment after the probationary period!
How very interesting! Here is just wondering… as many of you do, I am sure!
Case: Chung v The Benevolent Society  NSWWCCPD 45
[Post dictated and manually entered on behalf of workcovervictim who is currently totally unable to use the computer to blog due to severe pain and incapacity]