NSW Court rules workcover amendments affecting lumpsums do not apply retrospectively

A really very  important decision has been handed down by the NSW court of appeal today. The Court has held that the amendments affecting lump sum compensation that came into effect on 19 June 2012 do not apply to any worker who had made a lump sum claim before 19 June 2012.

NSW Court rules rules workcover amendments affecting lumpsums do not apply retrospectively

RONALD GOUDAPPEL V ADCO CONSTRUCTIONS

The Court of Appeal has handed down its decision in the Goudappel matter.
The Court has overturned the decision of Judge Keating, President of the Workers Compensation Commission that was made in October 2012.
The Court has held that the amendments affecting lump sum compensation that came into effect on 19 June 2012 do not apply to any worker who had made a lump sum claim before 19 June 2012 in respect of an injury that resulted in permanent impairment , whether or not the claim specifically sought compensation under Section 66 or 67 of the 1987 Act.
The effect of this decision is that:

  • the new threshold of 11% required to bring a whole of person injury claim under s66 of the Act does not apply to this class of worker
  • the worker can bring multiple claims under s66 as his or her impairment deteriorates
  • these workers are also entitled to bring a claim for pain and suffering under the old section S67 of the Act.

The case

 

A big thank you to RONALD GOUDAPPEL and for his determination not to give up and allow the cruel system to beat him down as it does and has been designed to do, also a big thank you to his legal team for setting a precedent against these draconian laws.

Thank God Pearce and O’Farrell have not destroyed the court of appeal. Justice is being served. Let us all hope there are more and more appeals!

Thank you to “At A Loss” for sharing this very important and hopeful decision and for the commentary!

 

tipView all our up-todate article related to the Goudappel case

 



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14 Responses to “NSW Court rules workcover amendments affecting lumpsums do not apply retrospectively”

  1. Best news I have heard in a long time! Congratulations to RONALD GOUDAPPEL and his legal team for being so tenacious and for leading the way to JUSTICE!

    Again,thank you “At a Loss’ for your invaluable contributions!

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  2. Wow! This must be a LANDMARK case indeed and will (hopefully) lead the way to justice to many injured workers so unfairly affected by the new NSW workcover laws. What a mood-lifter!!!!

    I applaud RONALD GOUDAPPEL and his lawyers, NSW injured folks should consider them as heroes!

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    workcovervictim3 April 29, 2013 at 8:34 pm
  3. Bazza and Pearce you lazy turds the insurers will lining up at your door wanting to kick you two turds in the nuts good stuff ronnie that”s what i call bending the fuckers over and belting em up the arse

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  4. A big thank you to RONALD GOUDAPPEL and for his determination not to give up and allow the cruel system to beat him down as it does and has been designed to do, also a big thank you to his legal team for setting a precedent against these draconian laws.

    Thank God Pearce and O’Farrell have not destroyed the court of appeal. Justice is being served. Let us all hope there are more and more appeals

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  5. I really cant wait to see more legal firms challenging O’Farrell’s draconian changes to the workers compensation system.
    The cracks are getting bigger and hopefully the shonky foundations Pearce and O’Farrell laid will crumble

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  6. A good win. Congratulations to Ronald Goudappel and his legal team. It helps lift my InjuredWorker hopes that some things can change. Let’s hope Ronald gets everything he needs and deserves from his claim.

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  7. The really good news about this is that it sets a precedent, especially for any worker injured before these dreadful amendments. It is going to be a lot harder to cut off benefits when you can refer to this case where the retrospective aspect has been rejected by the courts. Yes it will take legal action but the precedent is now there. Congratulations to Ronald and his legal team, I only hope the parasitic insurance industry takes note of this.

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  8. I think we all owe many thanks to Ronald and his Lawyers team. My hope is to see in future more and more challenges to this corrupted and bribed system.

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    Xchangingvictim April 30, 2013 at 8:12 pm
    • I hope lawyers start attacking the work capacity assessment  decisions made by shonky insurance companies and supported by a sick and perverse Workcover legislation introduced by the Liberal party. About time that Shorten and the Labor party  started working to help injured workers. This could be a winning card for the upcoming elections. After all injured workers were workers once.

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      • I agree with Carol regarding what she said above: sick and perverse Workcover legislation introduced by the Liberal party. However similar (almost identical legislation is introduced by Labor in other states). Appears to me LIBERAL or LABOR = the same.

        What gets me scratching my head: so many laws are being introduced! So little are taken down.

        To me this seems fair: Put through 1 law take down one law = fair! democracy. Put through 1 and not take down one law = complete dictatorship in time. Multiply this by 100’s if not 1000’s +

        .

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        DYOR – Do Your Own Research, im wrong most of the time. Peace.

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        HuntingWorkcover May 1, 2013 at 8:59 pm
      • And Injured workers do Vote and will Vote favourably to the party that pledges to fix the system and return it to helping the injured Not the Insurers

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        • your correct, however at the moment ” i ” will vote for no one. currently looking into (researching) Clive Palmer and Independent Politicians.

          .

          .

          DYOR – Do Your Own Research, im wrong most of the time.

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          HuntingWorkcover May 1, 2013 at 10:48 pm
  9. Workcover is now pushing the insurance companies to make as many work capacity assessment decisions as quickly as possible or they won’t get paid the bonus from Workcover.

    Apparently Workcover has been blaming insurance companies for not having completd more work capacity assessments decisions already. Obviously O”Farrell is in a hurry to save costs at the expenses of some poor bastard who was unlucky enough to injured themselves whilst trying to make a living.

    How disgusting is that? Cutting injured worker’s weekly benefits by dodgey work capacity assessment decisions.

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  10.  

    Modest gains for injured workers at risk: Shoebridge

    http://davidshoebridge.org.au/2013/05/03/media-release-modest-gains-for-injured-workers-at-risk/

    Pearce Off Minister.

    It is becoming increasingly obvious that Greg Pearce has a hatred  towards the injured and disabled.

    The Sheer arrogance of Greg Pearce Is disgraceful, his blatant lies that injured are better off is an insult to every working Australian and every injured worker hit by his retrospective amendments. It is high time the  Governor Marie Bashir wrote to the Queen under section 59 of the Australian constitution and asked that the laws be annulled.

    Australian Constitution – Section 59 – Disallowance by the Queen The Queen may disallow any law within one year from the Governor-General’s assent, and such disallowance on being made known by the Governor-General by speech or message to each of the Houses of the Parliament, or by Proclamation, shall annul the law from the day when the disallowance is so made known.

    I hope that there is more positive media coverage supporting the injured. Minister Pearce needs to be named and shamed for his hatred of people with disabilities

     

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