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.
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!
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