Issue 6: June 2013
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- They are not intended to be a substitute for reading the decisions in full, nor are they a substitute for a decision maker’s independent research.
- Table of Contents Presidential Decisions: Di Matteo v RDM Ceramics Pty Limited [2013] NSWWCCPD 27 3
- Spinelli v Integrated Labour Network Pty Limited [2013] NSWWCCPD 31 6
- Inghams Enterprises Pty Ltd v Thoroughgood [2013] NSWWCCPD 29 9
- Grasa v Roads Maritime Services [2013] NSWWCCPD 30 16
- Shoalhaven City Council v Stevenson [2013] NSWWCCPD 28 20
- Karim v Poche Engineering Services Pty Ltd [2013] NSWWCCPD 24 29
- MacLeod v John Radcliffe and Andrew Lye t/as Dripping Wet Surf Company [2013] NSWWCCPD 26 33
- Di Matteo v RDM Ceramics Pty Limited [2013] NSWWCCPD 27 3
| Issue 6: June 2013
Welcome to the 6th issue of ‘On Appeal’ for 2013. Issue 6 – June 2013 includes a summary of the May 2013 decisions. These summaries are prepared by the Presidential Unit and are designed to provide a brief overview of, and introduction to, the most recent Presidential and Court of Appeal decisions. They are not intended to be a substitute for reading the decisions in full, nor are they a substitute for a decision maker’s independent research. Please note that the following abbreviations are used throughout these summaries:
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Presidential Decisions:Di Matteo v RDM Ceramics Pty Limited [2013] NSWWCCPD 27 3 Question of Law; s 351 of the 1998 Act; application of savings and transitional provisions of the Workers Compensation Legislation Amendment Act 2012 with respect to claims for lump sum compensation 3 Spinelli v Integrated Labour Network Pty Limited [2013] NSWWCCPD 31 6 Question of Law; s 351 of the 1998 Act; application of savings and transitional provisions of the Workers Compensation Legislation Amendment Act 2012 with respect to claims for lump sum compensation 6 Inghams Enterprises Pty Ltd v Thoroughgood [2013] NSWWCCPD 29 9 Aggravation of disease of varicose veins; meaning of incapacity in s 16 of the 1987 Act; application of principles in P & O Berkeley Challenge Pty Ltd v Alfonzo [2000] NSWCA 214; 49 NSWLR 481 and Stone v Stannard Brothers Launch Services Pty Ltd [2004] NSWCA 277; 1 DDCR 701; notice of injury; notice of claim; WorkCover Provisional Liability and Claims Guidelines issued December 2001; whether Arbitrator entitled to refer to findings by Delegate of the Registrar in an Application for Expedited Assessment; procedural fairness; ss 74, 254, 255, 260 and 261 of the 1998 Act; cl 46 of the 2010 Regulations 9 Grasa v Roads & Maritime Services [2013] NSWWCCPD 30 16 Psychological injury; relevance and effect of consent orders; application of principles in Rail Services Australia v Dimovski [2004] NSWCA 267; 1 DDCR 648; failure to consider relevant medical evidence; findings based on information not in evidence; application of principles in Strinic v Singh [2009] NSWCA 15; 74 NSWLR 419; alleged bullying and harassment; perception of real events; application of principles in State Transit Authority (NSW) v Chemler [2007] NSWCA 249; 5 DDCR 286 and Attorney General’s Department v K [2010] NSWWCCPD 76 16 Shoalhaven City Council v Stevenson [2013] NSWWCCPD 28 20 Challenge to factual findings; ss 61 and 261 of the 1998 Act; requirements as to giving notice of injury and making of a claim; obligation to state reasons for decision. 20 Drive Recruit Pty Ltd v Back [2013] NSWWCCPD 32 23 Concurrent employment; casual employment; essential features of a contract of employment; calculation of current weekly wage rate, average weekly earnings, and probable earnings; ss 42(7), 43(1)(e) and (f) of the 1987 Act; ability to earn; entitlement to weekly compensation; assessment of evidence; partial incapacity; orders inconsistent with the findings made; non-compliance with Practice Direction No 6; unsatisfactory written submissions by appellant; appeal unnecessarily protracted by appellant’s conduct; costs on appeal 23 Karim v Poche Engineering Services Pty Ltd [2013] NSWWCCPD 24 29 Journey claim; s 10(1A) of the 1987 Act; whether personal injury (resulting in death) attributable to the serious and wilful misconduct of the worker; excessive speed; riding motor bike at double the speed limit in a suburban area; meaning of serious and wilful misconduct; failure to comply with Practice Direction No 6 29 MacLeod v John Radcliffe and Andrew Lye t/as Dripping Wet Surf Company [2013] NSWWCCPD 26 33 Whether injury received in the course of employment; application of the principles in Hatzimanolis v ANI Corporation Ltd (1992) 173 CLR 473 33 AHG Services (NSW) Pty Ltd v Milojkovic [2013] NSWWCCPD 25 37 Section 4 of the 1987 Act; personal injury; disease which is contracted in the course of employment; obligation to state adequate/sufficient reasons for decision. 37 Di Matteo v RDM Ceramics Pty Limited [2013] NSWWCCPD 27 3 Question of Law; s 351 of the 1998 Act; application of savings and transitional provisions of the Workers Compensation Legislation Amendment Act 2012 with respect to claims for lump sum compensation 3 Spinelli v Integrated Labour Network Pty Limited [2013] NSWWCCPD 31 6 Question of Law; s 351 of the 1998 Act; application of savings and transitional provisions of the Workers Compensation Legislation Amendment Act 2012 with respect to claims for lump sum compensation 6 Inghams Enterprises Pty Ltd v Thoroughgood [2013] NSWWCCPD 29 9 Aggravation of disease of varicose veins; meaning of incapacity in s 16 of the 1987 Act; application of principles in P & O Berkeley Challenge Pty Ltd v Alfonzo [2000] NSWCA 214; 49 NSWLR 481 and Stone v Stannard Brothers Launch Services Pty Ltd [2004] NSWCA 277; 1 DDCR 701; notice of injury; notice of claim; WorkCover Provisional Liability and Claims Guidelines issued December 2001; whether Arbitrator entitled to refer to findings by Delegate of the Registrar in an Application for Expedited Assessment; procedural fairness; ss 74, 254, 255, 260 and 261 of the 1998 Act; cl 46 of the 2010 Regulations 9 Grasa v Roads & Maritime Services [2013] NSWWCCPD 30 16 Psychological injury; relevance and effect of consent orders; application of principles in Rail Services Australia v Dimovski [2004] NSWCA 267; 1 DDCR 648; failure to consider relevant medical evidence; findings based on information not in evidence; application of principles in Strinic v Singh [2009] NSWCA 15; 74 NSWLR 419; alleged bullying and harassment; perception of real events; application of principles in State Transit Authority (NSW) v Chemler [2007] NSWCA 249; 5 DDCR 286 and Attorney General’s Department v K [2010] NSWWCCPD 76 16 Shoalhaven City Council v Stevenson [2013] NSWWCCPD 28 20 Challenge to factual findings; ss 61 and 261 of the 1998 Act; requirements as to giving notice of injury and making of a claim; obligation to state reasons for decision. 20 Drive Recruit Pty Ltd v Back [2013] NSWWCCPD 32 23 Concurrent employment; casual employment; essential features of a contract of employment; calculation of current weekly wage rate, average weekly earnings, and probable earnings; ss 42(7), 43(1)(e) and (f) of the 1987 Act; ability to earn; entitlement to weekly compensation; assessment of evidence; partial incapacity; orders inconsistent with the findings made; non-compliance with Practice Direction No 6; unsatisfactory written submissions by appellant; appeal unnecessarily protracted by appellant’s conduct; costs on appeal 23 Karim v Poche Engineering Services Pty Ltd [2013] NSWWCCPD 24 29 Journey claim; s 10(1A) of the 1987 Act; whether personal injury (resulting in death) attributable to the serious and wilful misconduct of the worker; excessive speed; riding motor bike at double the speed limit in a suburban area; meaning of serious and wilful misconduct; failure to comply with Practice Direction No 6 29 MacLeod v John Radcliffe and Andrew Lye t/as Dripping Wet Surf Company [2013] NSWWCCPD 26 33 Whether injury received in the course of employment; application of the principles in Hatzimanolis v ANI Corporation Ltd (1992) 173 CLR 473 33 AHG Services (NSW) Pty Ltd v Milojkovic [2013] NSWWCCPD 25 37 Section 4 of the 1987 Act; personal injury; disease which is contracted in the course of employment; obligation to state adequate/sufficient reasons for decision. 37 Download 246.75 Kb. 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