“Caulfield” and “Cram Fluids”

We confirm that among the changes to the law of workers compensation effected by the 2012 Legislative amendments, was a change to claims for lump sum permanent impairment compensation. In the case of injuries suffered on or after 19 June 2012, a worker can only make “one claim” for lump...

If a worker has been in receipt of payments and it is subsequently established that s/he has been working and not entitled to compensation, can the insurer recover that over payment and how?

Yes. The insurer can apply to the Workers Compensation Commission for an order for repayment and the WCC can order repayment of payments for a period not exceeding two years (or any longer/shorter period it considers appropriate). The repayments can be deducted from future payments or recovered as a debt in a...

What are the workers compensation insurer’s duties to a) make weekly payments following initial notification of injury, b) to make weekly payments following receipt of a claim and c) following receipt of a claim for lump sum compensation?

a) The insurer must do so within 7 days unless there is a “reasonable excuse” not to do so eg there is a lack of medical information, it is unable to contact the claimant for more information etc (See WorkCover guidelines); b) The insurer must do so within 21 days if it...

Does a court have to reduce an award of damages because the injured person is deemed by legislation to have contributed to the injuries / losses?

Yes, in accordance with Section 138 of the Motor Accident’s Compensation Act (NSW) 1999 the court must make a finding of contributory negligence in certain circumstances including the injured person was driving under the influence of alcohol or drugs (convicted of a drinking/drug offence) unless it can be proven that intoxication did...

Is an injured worker entitled to wages compensation if s/he is partially unfit for work?

The injured worker can recover “make-up pay” provided the Workers Compensation Commission finds the following i) determines the probable earnings but for injury; ii) determine current earnings or ability to earn on the open labour market; iii) subtract the figure in step ii) from the figure in step i); iv) decide in accordance...