Uren v VCFC [2003] NSWDC 2

New South Wales District Court

CITATION : Uren v VCFC [2003] NSWDC 2 TRIBUNAL : Victims Compensation Tribunal PARTIES : Brett Uren Victims Compensation Fund Corporation FILE NUMBER(S) : 6483 of 2002 CORAM: CATCHWORDS: s30(3) - workers compensation LEGISLATION CITED: Victims Support and Rehabilitation Act 1996 Workers Compensation Act 1987 CASES CITED: DATES OF HEARING: 14 February 2003 DATE OF JUDGMENT: 14 February 2003 Solicitors for the appellant/applicant: Geoffrey Edwards & Co Counsel for the appellant/applicant: Mr J Clyne LEGAL REPRESENTATIVES: Solicitors for the respondent: Solicitor for Victims Compensation Fund Corporation Counsel for the respondent: Mr S Burchett

JUDGMENT:

HIS HONOUR JUDGE WALMSLEY SC:

1. The appellant applies for leave to appeal from a decision of the Victims Compensation Tribunal (VCT) of 27 May 2002. I heard the leave application and the appeal at the same time.

Background

2. The applicant was on 2 November 1999 the subject of a vicious assault in the course of his employment as a security guard with Chubb Security Holdings Ltd. He received some puncture wounds from a syringe. That led to a severe psychiatric injury. He was rendered totally incapacitated for work. His employer's insurer paid weekly compensation to compensate for his wage loss. It also met his medical expenses. The insurer stopped making weekly payments. He applied to the Workers Compensation Court for an order that it pay him. On 23 May 2001 a judge made such an order. Before any such payments were made he and the insurer reached an agreement that he accept a lump sum of $85,500.00 as a commutation of his workers compensation rights. The commutation was approved by the Workers Compensation Court on 22 June 2001.