LOURDES HOUSE HOSPITAL v WHEELER [1996] NSWCA 331

LOURDES HOUSE HOSPITAL v WHEELER SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, CLARKE and POWELL JJA 8 March 1996, 3 October 1996

[1996] NSWCA 331

WORKERS COMPENSATION — Assessment and amount of compensation — By agreement — Assessment by medical panel — Worker applied to, and received from, employer sum appropriate to medical panel finding — Subsequent deterioration of injury — Whether Award for further compensation may be made.

WORKERS COMPENSATION — Assessment and amount of compensation — Lump sum award for loss and for pain and suffering — Subsequent deterioration of injury — Worker applies for further compensation — Does not seek reconsideration of previous award — Whether Award for further compensation may be made.

Priestley J BACKGROUND

Mrs B Wheeler, the respondent worker in this appeal, suffered injury in the course of her employment with Lourdes House Hospital (the appellant employer) on 27 July 1987. She applied to the Compensation Court for compensation under the Workers Compensation Act 1987 (the 1987 Act).

THE WORKER'S BACK: 1989 PAYMENT.

Before her application came before a judge for hearing a medical panel, on 10 May 1989, assessed the permanent impairment of her back at 10%. The appropriate amount for this percentage was then $4,800, which she was paid, without any order of the court, on 29 July 1989.

1990: THE COURT MAKES WEEKLY COMPENSATION AND OTHER AWARDS.

On 26 November 1990 Herkes CCJ made a number of orders and awards in her favour. One was for weekly payments of compensation, about which no question

has subsequently been raised.

1990: S66 AWARD IN REGARD TO RIGHT LEG.

Herkes CCJ also made an award for $9,000 under s66 in respect of 15% permanent loss of efficient use of the right leg at or above the knee. No question has subsequently arisen concerning this award.