Compensation Commissioner & Others v Compensation Solutions (Pty) Ltd and Compensation Solutions (Pty) Ltd v The Compensation Commissioner & Others (997/2021; 1175/2021) [2022] ZASCA 165 (29 November 2022)

Parties

Procedural Posture

Civil Appeal / Supreme Court of Appeal Judgment on Two Related Appeals and Cross Appeal

Legal Issues

1. 1 Whether the 75-day order applies only to medical accounts submitted before 31 July 2009 or also to future accounts.
2. 2 Whether compliance with the W.CI.20 procedure is a mandatory jurisdictional prerequisite for legal proceedings.
3. 3 Whether section 32 of the Compensation for Occupational Injuries and Diseases Act prohibits the cession of medical claims by medical service providers.

Ratio Decidendi

The Supreme Court of Appeal held that the 75-day order was backward-looking and applied only to medical accounts submitted before 31 July 2009, not to future claims. The language of the order and the context of the settlement agreement indicated that it was intended to resolve the issues before the court at the time. The arrangements for meetings and submission of CDs were meant to address existing claims, not to impose obligations regarding future claims. On the issue of procedural compliance, the Court found that the W.CI.20 procedure was not a mandatory jurisdictional prerequisite for instituting legal proceedings, as the regulations did not expressly require this and the procedure had...

Court Disposition

Appeal 997/2021 upheld with costs; appeal and cross-appeal 1175/2021 dismissed with costs.

Orders

• The appeal under SCA case no 997/2021 is upheld with costs, including the costs of two counsel where so employed.
• The order of the high court is set aside and replaced with an order in accordance with Prayer 1 of the notice of motion.