A recent Court of Appeal decision has proven a win for some seriously injured workers who had lost their weekly payments of compensation due to the 260 week limit imposed by s39 of the Workers Compensation Act 1987.
This means workers will be entitled to back pay to the date weekly payments ceased, once they are assessed with more than 20% WPI.
Since Christmas 2017 thousands of injured workers have had their weekly payments of compensation terminated under s39.
The limit does not apply to workers who are assessed with more than 20% whole person impairment (WPI). However, in many cases that assessment cannot take place for years while the worker is undergoing surgery and other treatment.
Weekly payments are terminated when the limit is reached, and are later reinstated when the final assessment of impairment exceeding 20% WPI is obtained.
What happens to the payments that would have been made in between?
Previously, the President of the Workers Compensation Commission had determined such workers were not entitled to be back paid for that period.
Fortunately, the Court of Appeal has now overruled those decisions. In Hochbaum v RSM Building Services Pty Ltd; Whitton v Technical and Further Education Commission t/as TAFE NSW [2020] NSWCA 113 the Court of Appeal determined the limit never applies to a worker whose level of impairment exceeds 20%, regardless of when the final assessment of impairment occurs.
This means workers will be entitled to back pay to the date weekly payments ceased once they are assessed with more than 20% WPI.
While this decision does nothing to relieve the financial strain for workers who are waiting to be assessed, it is at least a step in the right direction.
If this applies to you, you may also have further valuable rights that need to be explored. Contact us now for obligation free advice.
DISCLAIMER: This blog is made available by Mortimer Fox Lawyers to give you general information and a general understanding of the law, not to provide specific legal advice. Unless otherwise stated, all information provided pertains to injuries sustained in or in connection with New South Wales. By using this blog you understand that there is no solicitor client relationship between you and Mortimer Fox Lawyers. This blog should not be used as a substitute for legal advice. If you require legal advice please contact us for an appointment.
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