Transport Workers' Union of New South Wales (on behalf of Thomas Lawson) v Lindsay Brothers Management Pty Ltd (No 4) [2010] NSWIRComm 120

Industrial Relations Commission of New South Wales

CITATION: Transport Workers' Union of New South Wales (on behalf of Thomas Lawson) v Lindsay Brothers Management Pty Ltd (No 4) [2010] NSWIRComm 120

PARTIES: Transport Workers' Union of New South Wales (on behalf of Thomas Lawson) (Applicant) Lindsay Brothers Management Pty Ltd (Respondent)

FILE NUMBER(S): IRC 27 of 2008

CORAM: Boland J President

CATCHWORDS: INJURED WORKER - Reinstatement - Section 242 of Workers Compensation Act 1987 - Transport industry - Compensation for time spent on part time instead of full time hours - Whether worker was fit for full time work - Whether full time work was available - Compensation awarded - Discount for Workers Compensation payments - Discount for earnings from other sources

LEGISLATION CITED: Workers Compensation Act 1987

Cansino v South Western Sydney Area Health Service [1999] NSWIRComm 355; (1999) 130 IR 1 Riley v WorkCover Authority (NSW) [2006] NSWIRComm 108; (2006) 151 IR 396 Sydney Ferries Corp v Seamen's Union of Australia, NSW Branch on behalf of Levy [2009] NSWIRComm 126; (2009) 186 IR 99 CASES CITED: Thomas Lawson v Lindsay Brothers Management Pty Ltd [2009] AIRC 282 Transport Workers' Union of New South Wales (on behalf of Thomas Lawson) v Lindsay Brothers Management Pty Limited [2008] NSWIRComm 157 Transport Workers' Union of New South Wales (on behalf of Thomas Lawson) v Lindsay Bros Management (No 2) [2008] NSWIRComm 185 Transport Workers' Union of New South Wales (on behalf of Thomas Lawson) v Lindsay Brothers Management Pty Ltd (No 3) [2010] NSWIRComm 60