AMP WORKERS COMPENSATION SERVICES (NSW) LTD v WILLIAMS [1997] NSWCA 19

AMP WORKERS COMPENSATION SERVICES (NSW) LID v WILLIAMS

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

COLE, BEAZLEY and STEIN JJA 4 September 1997, 4 September 1997

[1997] NSWCA 19 No question of principle

Cole JA The respondent, who suffered from a back condition, aggravated that condition on two separate occasions whilst travelling to work. She made a journey claim against her employer pursuant to the Workers Compensation Act 1987 in respect of each aggravation. Each claim, and associated medical expenses, was paid by her employer who was reimbursed by its workers compensation insurer, the appellant.

Subsequently the respondent commenced proceedings in negligence against two different third party insurers in respect of the two motor vehicle accidents causing the aggravation of the back condition. The two claims were dealt with together at a pre-trial conference on 5 December 1995. Lawyers for the respondent, and the two motor vehicle insurers agreed that the sum likely to be awarded to her was within a particular range. The matter was adjourned until 14 December 1995 to enable the insurers to agree upon proportions which each would meet of any settlement, or verdict, and also to enable the parties to the litigation to determine the amount repayable by the respondent to the workers compensation insurer, being the apepllants, in accordance with s151Z Workers Compensation Act 1987.

The respondent was unaware of the total amount received by her by way of workers compensation and associated payments in respect of both workers compensation claims. Her solicitior's secretary was instructed to find out the "payback figure" for the two accidents. She telephoned the appellant's office and said:

"T am ringing in connection with our client Margot Williams who was involved in two motor vehicle accidents. Can I please have the total payout figures for both claims as she has an informal pre-trial conference on 14 December 1995."