Great news for NSW injured workers – The WIRO has confirmed that they will legally assist those injured workers affected by the June 2012 changes who are now, -because of the Goudappel decision- entitled to bring further claims for deterioration of their condition, for pain and suffering, and are no longer required to meet the much higher 11% whole person impairment threshold to bring a claim for lump sum compensation.
You may recall that on 29 April 2013 in this landmark case of Goudappel, the NSW Court of Appeal 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
FURTHER UPDATE ON THE NSW GOUDAPPEL v ADCO CONSTRUCTIONS
I have become aware of a further delay in the consideration by the High Court of the Special Leave Application.
I have made a decision to fund all matters that may give rise to a claim for compensation arising from the Court of Appeal’s decision in the Goudappel matter.
Funding includes the obtaining of the medical evidence to support a claim.
When making application for funding, Approved Legal Service Providers will need to provide some evidence in the application to the effect that a claim of any type had been made by the worker prior to 19 June 2012.
FOR MORE INFORMATION
WorkCover Independent Review Officer
(Source WIRO WIRE)
Issued 14 August, 2013
Direct link: http://www.wiro.nsw.gov.au/media/18701/2013___august_14___goudappel_update.pdf