A recent Presidential Decision in the matter of Caulfield v Kartaway Pty Limited  NSWWCCPD 34 (Caulfield) has clarified (or further confused) the recent High Court’s decision in the Goudappel case in relation to further claims for permanent impairment in NSW.
NSW Workers Compensation Law – “Adco Constructions Pty Limited v Goudappel & Anor” – Special Leave Application granted on 11 October. The matter will now proceed to the hearing of the Appeal before the High Court.
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.
Further to our post entitled “NSW injured workers- be aware of your current entitlements and rights” where we stated that:
We received an important email from someone who can confirm that as a result of the recent NSW Goudappel case win, some workcover insurers have honored the current court ruling and are now paying out claims for (s-67) to eligible NSW injured workers.
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.