Meat Carter Pty Ltd v Melides [2020] NSWCA 307

Meat Carter Pty Ltd v Melides [2020] NSWCA 307

Entitlement to receive the special rate under s 38A arises only when the worker satisfies the definition of 'worker with highest needs' under s 32A; prior to such assessment, s 38A does not apply. The calculation of compensation at the special rate is not retrospective to the date of injury but applies from the date...

Source-derived case information.

Parties
Appellant: Meat Carter Pty Ltd; Respondent: Steven Melides
Jurisdiction
Australia
Judgment Date
26 November 2020
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Construction of Workers Compensation Act 1987 (nsw) S 38 a, Entitlement to Special Rate Payment for Worker With Highest Needs, Temporal Operation of Section 38 a
Workers' Compensation Construction of Workers Compensation Act 1987 (nsw) S 38 a Entitlement to Special Rate Payment for Worker With Highest Needs Temporal Operation of Section 38 a

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Parties

Meat Carter Pty Ltd

Appellant

Steven Melides

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether payment at special rate pursuant to s 38A is payable from the time of injury or from the time the worker satisfies the definition of 'worker with highest needs'

Ratio Decidendi

Entitlement to receive the special rate under s 38A arises only when the worker satisfies the definition of 'worker with highest needs' under s 32A; prior to such assessment, s 38A does not apply. The calculation of compensation at the special rate is not retrospective to the date of injury but applies from the date the definition is satisfied.

Court Disposition

Appeal allowed

Orders

  • Set aside the orders of the Acting Deputy President of 10 September 2019.
  • In lieu, order that the appeal from the orders of the Arbitrator made on 26 February 2019 be dismissed.