Bradshaw v Trazmet [2002] NSWCC 1

Reported Decision : 23 NSWCCR 87

Compensation Court of New South Wales

CITATION : Bradshaw v Trazmet [2002] NSWCC 1 PARTIES : Daniel Bradshaw Trazmet (NSW) Pty Limited MATTER NUMBER(S) : 49457 of 2001 JUDGMENT OF: Neilson J at 1 CATCHWORDS: Proceedings to Obtain Compensation :- Commutations LEGISLATION CITED: CASES CITED: DATES OF HEARING: 29/01/02 EX TEMPORE JUDGMENT DATE : 01/29/2002

FOR APPLICANT: Mr A J Patterson instructed by John Hertz & Associates appeared for the applicant.

LEGAL REPRESENTATIVES: FOR RESPONDENT: Mr W P Kearns SC instructed by Hunt & Hunt appeared for the respondent. Mr M J Leeming instructed by I.V. Knight, Crown Solicitor, appeared for the WorkCover Authority of New South Wales.

JUDGMENT: 1. On 11 December 2001 this matter was before me in order that I might determine an application for commutation of the employer's liability under the Workers Compensation Act 1987. When I read the application for determination and considered recent legislative developments, I enquired of the parties as to whether I had jurisdiction to entertain an application for commutation. The matter was stood over for hearing to today, the first day of term, in order for me to determine that issue. In the meantime, notices were given to the WorkCover Authority of New South Wales and the Attorney-General of New South Wales, and today, Mr Leeming of counsel, instructed by the Crown Solicitor, has appeared for the WorkCover Authority pursuant to s 106 of the Workplace Injury Management and Workers Compensation Act 1998. 2. The simple fact here is that the application for determination filed by the worker on 15 November 2001, contains claims for lump sum compensation under s 66, lump sum compensation under s 67, a claim under s 60 and the usual ancillary claims for interest and for costs. 3. The first things that have to be considered are the history of and the terms of the now repealed s 51. Immediately prior to the commencement of the Workers Compensation Act 1987, the Workers Compensation Act 1926 made provision for the redemption of weekly payments either in whole or in part. S 15 of that statute was in the following terms: (1) Subject to this Act, the liability in respect of any weekly payment, may, with the consent of the worker, be redeemed either in whole or in part by the payment of a lump sum, determined by the Court, having regard to any dispute as to liability to pay compensation under this Act, and the injury, age, and occupation of the worker at the time of the occurrence of the injury, as well as to his diminished ability to compete in an open labour market. (a) Where the Court determines a lump sum under subsection (1) and the worker agrees that payment of the lump sum should also redeem any liability to make a payment under s 10 or s 16 in respect of the injury, payment of the lump sum also redeems any liability to which the agreement of the worker relates. (b) The consent or agreement of a worker to a redemption under subsection (1) or (1A) may be dispensed with if, in the opinion of the Court: