Cram Fluid Power Pty Ltd v Green [2015] NSWCA 250

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Cram Fluid Power Pty Ltd v Green [2015] NSWCA 250 Hearing dates: 30 June 2015 Decision date: 27 August 2015 Before: Beazley ACJ at [1]; Emmett JA at [2]; Gleeson JA at [13] Decision: 1. Dismiss the respondent's notice of motion dated 30 June 2015. 2. Grant leave to appeal. 3. Direct the applicant to file a notice of appeal in the form of the draft contained within the White Book within 14 days. 4. Appeal allowed. 5. Set aside the orders in the Commission below, and in place order: (a) the appeal from the decision of the Arbitrator is upheld; (b) the decision of the Arbitrator made on 7 August 2014, and confirmed by written notice dated 8 August 2014, is revoked; (c) the Commission notes that the respondent worker (Mr Green) has no entitlement to pursue his claim for further permanent impairment compensation; (d) the respondent worker's claim filed 3 March 2014 for further permanent impairment compensation is dismissed. 6. The respondent to pay the appellant's costs in this Court. Catchwords: WORKERS' COMPENSATION – entitlement to lump sum compensation for permanent impairment – Workers Compensation Act 1987 (NSW) (1987 Act) s 66, and Sch 6, Pt 19H, cl 15 – Workers Compensation Regulation 2010 (NSW) Sch 8, cl 11 – one claim limitation in s 66(1A) of the 1987 Act introduced with effect on and after 19 June 2012 (Critical Date) – whether claim for lump sum compensation made prior to Critical Date distinct from further claim made after Critical Date – whether cl 15 of transitional provisions had effect that one claim limitation applies to claim for lump sum compensation made on or after Critical Date – whether cl 11 of transitional regulations had effect that making earlier claim for lump sum compensation (which had been resolved) excluded one claim limitation in respect of further claim made on or after Critical Date