Michael Alan WILSON v STATE RAIL AUTHORITY OF NEW SOUTH WALES & Anor [2009] NSWSC 537

Michael Alan WILSON v STATE RAIL AUTHORITY OF NEW SOUTH WALES & Anor [2009] NSWSC 537

The claim for work injury damages, instituted after 1 January 2002, is subject to procedural requirements in Chapter 7 of the WIM Act, including demonstration of at least 15% WPI per the applicable WorkCover Guidelines. Mr Wilson was assessed at 9% WPI and, thus, cannot satisfy the threshold. Compliance with these mandatory procedures is a prerequisite for commencing proceedings for damages and failure to meet them results in dismissal of the claim.

Parties
Respondent/plaintiff: Michael Alan Wilson; Applicant/1st Defendant: State Rail Authority of New South Wales; 2nd Defendant: Robert Arthur Reardon
Jurisdiction
Australia
Judgment Date
17 June 2009
Procedural Posture
Personal Injury Proceedings for Work Injury Damages / Determination of Separate Questions and Application for Summary Dismissal
Outcome
Proceedings against 1st Defendant dismissed
Legal Topics
Threshold for Permanent Impairment, Procedural Requirements for Work Injury Damages, Application of Statutory Regimes, Interaction of Statutory Amendments With Common Law Rights
Workers Compensation Personal Injury Employment Law Threshold for Permanent Impairment Procedural Requirements for Work Injury Damages Application of Statutory Regimes Interaction of Statutory Amendments With Common Law Rights

Case Brief

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Parties

Michael Alan Wilson

Respondent/plaintiff

State Rail Authority of New South Wales

Applicant/1st Defendant

Robert Arthur Reardon

2nd Defendant

Procedural Posture

Personal Injury Proceedings for Work Injury Damages / Determination of Separate Questions and Application for Summary Dismissal

Legal Issues

  1. 1 Does Part 5 Division 3 of the Workers Compensation Act 1987, including ss.151G and 151H, apply to the plaintiff's claim for damages?
  2. 2 Do Division 2 of Part 2 and Divisions 2-5 of Part 3 (except s.284) of Chapter 7 of WIM Act require demonstration of 15% permanent impairment before entitlement to commence proceedings?
  3. 3 If the answer to either of the above is yes; what follows (procedural outcome)?

Ratio Decidendi

The claim for work injury damages, instituted after 1 January 2002, is subject to procedural requirements in Chapter 7 of the WIM Act, including demonstration of at least 15% WPI per the applicable WorkCover Guidelines. Mr Wilson was assessed at 9% WPI and, thus, cannot satisfy the threshold. Compliance with these mandatory procedures is a prerequisite for commencing proceedings for damages and failure to meet them results in dismissal of the claim.

Court Disposition

Proceedings against 1st Defendant dismissed

Orders

  • Proceedings against the State Rail Authority of New South Wales dismissed
  • Court to hear parties on costs if necessary