Inghams Enterprises Pty Ltd v Thoroughgood [2014] NSWCA 166

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Inghams Enterprises Pty Ltd v Thoroughgood [2014] NSWCA 166 Hearing dates: 17 March 2014 Decision date: 30 May 2014 Before: McColl JA at [1]; Basten JA at [2]; Meagher JA at [54] Decision: (1) Leave to appeal refused. (2) The applicant to pay the respondent's costs in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: WORKERS' COMPENSATION - leave to appeal - appeal from Deputy President limited to decisions in point of law - decision of Deputy President on appeal from interlocutory decision of arbitrator - decision of Deputy President interlocutory -leave required - Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 353

WORKERS' COMPENSATION - claim for compensation -- medical practitioner recommended footwear to protect worker's varicose veins - worker requested proper footwear from employer - whether request for "therapeutic treatment given by direction of a medical practitioner" constitutes claim for compensation - whether cost need be incurred for a claim to be made - failure to make claim in accordance with applicable guidelines - Workers Compensation Act 1987 (NSW), ss 59, 60

WORKERS' COMPENSATION - proceedings to obtain compensation - concession that claimant needed to establish relevant incapacity for claim - Deputy President held that concession was mistaken - whether Deputy President erred in permitting claimant to depart from concession - Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 354(3)