WORKCOVER AUTHORITY OF NSW v STEVENSON [1993] NSWCA 292

WORKCOVER AUTHORITY OF NSW v STEVENSON SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, MEAGHER and CRIPPS JJA 16 November 1992, 23 March 1993

[1993] NSWCA 292

WORKERS COMPENSATION — lump sum award under s66 Workers Compensation Act 1987 — whether statutory figure at date of injury or date of judgment to be applied. Held: relevant figure is at date of injury: Bresmac Pty Ltd v Starr (unreported Court of Appeal 24 December 1992) applied.

Priestley JA The respondent worker in this appeal was injured on 14 April 1989 and as a result became quadriplegic. He applied to the Compensation Court for awards of compensation under a number of sections of the Workers Compensation Act 1987. The first respondent to the application was the company found to be his employer. The second respondent was WorkCover Authority of New South Wales. A declaration was sought (and later made) that the first respondent was not insured as required by the Act at the time of the worker's injury. An order was sought that the second respondent cause payment of compensation and costs awarded against the first respondent to be made out of the WorkCover Authority Fund established under the WorkCover Authority Administration Act 1989.

The case was heard by his Honour Judge Manser who made a series of orders and awards against the first respondent in favour of the worker on 7 November 1991. He also made the declaration already mentioned and the order against the second respondent. One of the orders against the first respondent (O.3) was that it pay the worker $120,100 under s66 of the Workers Compensation Act. (According to Mills, Workers Compensation New South Wales at 1534 (Service 33) the figure should have been $120,000, but I will use the figure stated in the court's orders.) Another order was that the first respondent pay interest to the worker on the sum of $120,100 at the rates prescribed under the Rules of Court from the date of injury.