A LOCAL solicitor says the decision by NSW’s highest court to strike down key elements of the O’Farrell Government’s recent workers compensation amendments is a “massive win” for injured workers.
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The Government’s Workers Compensation Bill was rushed through NSW parliament last June to the dismay of workers, community groups, some politicians and unions.
The Bill, opposed by the Opposition and the Greens, sought to cap weekly workers compensation payments to two- and-a-half years, cut medical expenses after 12 months from the date of claim and abolish lump sum compensation entitlements for all injuries where the worker was assessed as having less than 11 per cent “whole person” impairment.
However, the most controversial aspect of the Bill was the fact the changes introduced were retrospective.
But in the NSW Court of Appeal on Monday those aspects of the law were deemed to be “beyond power and invalid”.
The decision handed down related to an injury sustained by a worker in 2010 when a steel purlin fell from a forklift and crushed his foot.
Initially denied compensation for his injuries in the Workers Compensation Commission, because he did not make a claim for lump sum compensation on or before June 19, 2012 and he was assessed as having less than 11 per cent whole person impairment, the worker appealed.
The Court overturned the decision and found that the workers compensation amendments of 2012 preventing and restricting access to compensation lump sums do not apply to workers who had made their claim prior to the Bill being passed – this was in relation to injuries that resulted in permanent impairment, regardless of whether or not the worker specifically sought compensation.
“The decision is a massive win for injured workers who the NSW Government sought to deny compensation,” Kenny Spring Solicitors’ Patrick Coetsee said.
“The decision is not unexpected, given the haste with which the new laws were introduced, and a lack of understanding of their effects by most in the NSW Government.
“It means that provided your claim form was in before June 12, 2012 you’re covered under the old laws.
“The decision essentially strikes down the Government’s attempt to make the changes retrospective, and apply to injuries and claims made prior to the law changing.
“It will open up compensation rights for workers who do not exceed the new and draconian 11 per cent whole person impairment threshold, and allows claims for pain and suffering where the threshold is exceeded.”
