StateCover Mutual Ltd v Cameron [2015] NSWCA 127

StateCover Mutual Ltd v Cameron [2015] NSWCA 127

Because the worker's disease injury was deemed under s 15(1)(a)(i) to have happened on his death on 19 July 2011, after he had ceased employment with the Greater Taree City Council on 25 February 2011, the preconditions to s 18(1) were satisfied. Section 18(1) unambiguously deemed the employer's liability, for insurer-identification purposes only, to have arisen immediately before the worker ceased to be employed by the employer, namely on 24 February 2011. StateCover Mutual Ltd was the Council's workers compensation insurer at that time, so it was liable. The Court rejected the appellant's attempt to read into s 18(1) the additional words used in other provisions concerning employment to...

Jurisdiction
Australia
Judgment Date
07 May 2015
Procedural Posture
Workers Compensation Appeal Concerning Identification of the Insurer Liable to Pay Compensation / Appeal to the Court of Appeal From the Workers Compensation Commission Decision [2014] NSWWCCPD 49
Outcome
Appeal dismissed.
Legal Topics
['occupational Disease' 'identification of Liable Insurer' 'deemed Date of Injury' 'meaning of Employment' 'workers Compensation Act 1987 (nsw), S 18(1)']
['workers Compensation' 'statutory Interpretation' 'insurance'] ['occupational Disease' 'identification of Liable Insurer' 'deemed Date of Injury' 'meaning of Employment' 'workers Compensation Act 1987 (nsw), S 18(1)']

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Procedural Posture

Workers Compensation Appeal Concerning Identification of the Insurer Liable to Pay Compensation / Appeal to the Court of Appeal From the Workers Compensation Commission Decision [2014] NSWWCCPD 49

Legal Issues

  1. 1 ["Whether s 18(1) of the Workers Compensation Act 1987 (NSW) required the employer's liability to be taken to have arisen immediately before the worker ceased to be employed by the employer for the purpose of identifying the liable insurer." 'Whether the word "employed" in s 18(1) should be read as referring to employment of a kind which was a substantial contributing factor to the injury or employment to the nature of which the disease was due.' 'Whether language used in ss 15(1)(b), 17 and 151AB of the Workers Compensation Act 1987 (NSW) should be implied into s 18(1).']

Ratio Decidendi

Because the worker's disease injury was deemed under s 15(1)(a)(i) to have happened on his death on 19 July 2011, after he had ceased employment with the Greater Taree City Council on 25 February 2011, the preconditions to s 18(1) were satisfied. Section 18(1) unambiguously deemed the employer's liability, for insurer-identification purposes only, to have arisen immediately before the worker ceased to be employed by the employer, namely on 24 February 2011. StateCover Mutual Ltd was the Council's workers compensation insurer at that time, so it was liable. The Court rejected the appellant's attempt to read into s 18(1) the additional words used in other provisions concerning employment to...

Court Disposition

Appeal dismissed.

Orders

  • ['Dismiss the appeal.' "The appellant must pay both respondents' costs in this Court, the second respondent's costs to be assessed on the ordinary basis up to 8 March 2015 and on the indemnity basis from 9 March 2015."]