As a result of a recent Court of Appeal decision in Theoret v Aces Incorporated [2021] NSWCA 3 some injured workers may be eligible for increased weekly payments.
This will apply to workers who claimed weekly payments for a period before 1 October 2012, where the claim was not resolved until after that date.
Significant amendments to the workers compensation legislation commencing on 1 October 2012 changed the way weekly payments were calculated. From that date weekly payments have been calculated by reference to a worker's pre-injury average weekly earnings (PIAWE).
The PIAWE is indexed on each review date after the day on which the worker becomes entitled to weekly payments. The review dates are 1 April and 1 October each year.
Workers who claimed weekly payments for periods before 1 October 2012 but who were not in receipt of weekly payments at that date only had their PIAWE indexed from April 2013, even if their claim for weekly payments stretched back for years into the past.
The Court of Appeal found this approach was wrong and determined the PIAWE should be indexed from the first review date after a worker becomes entitled to weekly payments, even if that is before the commencement of amending legislation in 2012.
This means some workers will be eligible for a recalculation of the PIAWE rate used to calculate their weekly payments.
This will not apply to workers who were in receipt of weekly payments as at 1 October 2012 as their PIAWE was calculated by reference to a transitional rate.
Contact us for more information.
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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