Kazemipour v Sydney Water Corporation Limited [2001] NSWCC 111

Kazemipour v Sydney Water Corporation Limited [2001] NSWCC 111

Because the award, as amended by consent, included both ss 66 and 67 lump sums and a general s 60 order, the employer's payment of the Health Insurance Commission charge was to be set off against the total compensation liability including the s 60 liability, not deducted from the ss 66 and 67 lump sums. Section 31(1)(a) of the Health and Other Services (Compensation) Act 1995 (Cth), read with s 3(2), did not discharge the employer's liability to pay the worker the ss 66 and 67 lump sums. The motion was therefore an appropriate vehicle, but the worker still had to prove that the charged expenses were s 60 expenses resulting from the compensable injury.

Jurisdiction
Australia
Judgment Date
16 May 2001
Procedural Posture
Workers Compensation Motion / Ex Tempore Judgment on Preliminary Points; Motion Adjourned
Outcome
Worker succeeded on the first two preliminary points; motion adjourned for further evidence on whether the charged expenses were s 60 expenses; costs reserved.
Legal Topics
['lump Sum Compensation Under Ss 66 and 67' 'medical Expenses Under S 60' 'health Insurance Commission Notice of Charge' 'discharge of Compensation Payer Liability' 'proof of Work Related Medical Expenses']
['workers Compensation' 'statutory Interpretation' 'health and Medicare Compensation Recovery'] ['lump Sum Compensation Under Ss 66 and 67' 'medical Expenses Under S 60' 'health Insurance Commission Notice of Charge' 'discharge of Compensation Payer Liability' 'proof of Work Related Medical Expenses']

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Procedural Posture

Workers Compensation Motion / Ex Tempore Judgment on Preliminary Points; Motion Adjourned

Legal Issues

  1. 1 ['Whether payment by the employer of a Health Insurance Commission notice of charge for $998.55 discharged its liability to pay the worker the balance of lump sums awarded under ss 66 and 67 of the Workers Compensation Act 1987.' "Whether the worker's motion properly sought payment of the balance of the ss 66 and 67 sums rather than reimbursement of s 60 expenses." 'Whether the worker had to prove that the amounts covered by the notice of charge were expenses covered by s 60 of the Workers Compensation Act 1987.']

Ratio Decidendi

Because the award, as amended by consent, included both ss 66 and 67 lump sums and a general s 60 order, the employer's payment of the Health Insurance Commission charge was to be set off against the total compensation liability including the s 60 liability, not deducted from the ss 66 and 67 lump sums. Section 31(1)(a) of the Health and Other Services (Compensation) Act 1995 (Cth), read with s 3(2), did not discharge the employer's liability to pay the worker the ss 66 and 67 lump sums. The motion was therefore an appropriate vehicle, but the worker still had to prove that the charged expenses were s 60 expenses resulting from the compensable injury.

Court Disposition

Worker succeeded on the first two preliminary points; motion adjourned for further evidence on whether the charged expenses were s 60 expenses; costs reserved.

Orders

  • ['Motion adjourned for three months to permit the worker to gather further evidence on whether the expenses constituting the Health Insurance Commission charge were incurred as a result of injury within the meaning of the Workers Compensation Act 1987 and covered by s 60.' 'Costs of the day reserved.']