Cram Fluid Power Pty Ltd v Green [2015] NSWCA 250

Cram Fluid Power Pty Ltd v Green [2015] NSWCA 250

The 2013 claim was a separate claim for compensation made after 19 June 2012 and therefore fell within cl 15 and was subject to the amendments including s 66(1A). Clause 11 did not assist because it applies to claims made before 19 June 2012 that specifically sought compensation under s 66 or s 67, not to a later separate claim or to a worker personally. Section 66A(3)(c) did not independently authorise the further claim because the Commission's power to award additional compensation depends on an entitlement under s 66, and the one claim limitation is the leading provision. The words "only one claim" in s 66(1A) do not mean "only one further claim" after 19 June 2012; they can operate on...

Jurisdiction
Australia
Judgment Date
27 August 2015
Procedural Posture
Workers' Compensation Appeal Concerning Entitlement to Further Lump Sum Compensation for Permanent Impairment / Application for Leave to Appeal From the Workers Compensation Commission and Appeal in the Court of Appeal
Outcome
Respondent's notice of motion dismissed; leave to appeal granted; appeal allowed with costs; Commission orders set aside and respondent worker's further permanent impairment claim dismissed.
Legal Topics
['permanent Impairment Compensation' 'one Claim Limitation Under S 66(1 A)' 'transitional Provisions' 'complying Agreements' 'further Evidence on Appeal']
["workers' Compensation" 'statutory Interpretation' 'appellate Procedure'] ['permanent Impairment Compensation' 'one Claim Limitation Under S 66(1 A)' 'transitional Provisions' 'complying Agreements' 'further Evidence on Appeal']

Case Brief

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Procedural Posture

Workers' Compensation Appeal Concerning Entitlement to Further Lump Sum Compensation for Permanent Impairment / Application for Leave to Appeal From the Workers Compensation Commission and Appeal in the Court of Appeal

Legal Issues

  1. 1 ["Whether the one claim limitation in s 66(1A) of the Workers Compensation Act 1987 (NSW) applied to Mr Green's 2013 claim for further permanent impairment compensation." 'Whether cl 11 of Sch 8 to the Workers Compensation Regulation 2010 (NSW) excluded the operation of the one claim limitation because Mr Green had made a specific s 66 claim before 19 June 2012.' 'Whether s 66A(3)(c) permitted a further claim for permanent impairment compensation after 19 June 2012 where there had been an increase in impairment after a complying agreement.' 'Whether the words "only one claim" in s 66(1A) meant only one further claim after 19 June 2012 or included an earlier claim made before that date.' 'Whether further evidence should be admitted on appeal.']

Ratio Decidendi

The 2013 claim was a separate claim for compensation made after 19 June 2012 and therefore fell within cl 15 and was subject to the amendments including s 66(1A). Clause 11 did not assist because it applies to claims made before 19 June 2012 that specifically sought compensation under s 66 or s 67, not to a later separate claim or to a worker personally. Section 66A(3)(c) did not independently authorise the further claim because the Commission's power to award additional compensation depends on an entitlement under s 66, and the one claim limitation is the leading provision. The words "only one claim" in s 66(1A) do not mean "only one further claim" after 19 June 2012; they can operate on...

Court Disposition

Respondent's notice of motion dismissed; leave to appeal granted; appeal allowed with costs; Commission orders set aside and respondent worker's further permanent impairment claim dismissed.

Orders

  • ["Dismiss the respondent's notice of motion dated 30 June 2015." 'Grant leave to appeal.' 'Direct the applicant to file a notice of appeal in the form of the draft contained within the White Book within 14 days.' 'Appeal allowed.' "Set aside the orders in the Commission below, and in place order: (a) the appeal from...