Glogoski v Workers Compensation Nominal Insurer [2019] NSWDC 154

District Court New South Wales

Medium Neutral Citation: Glogoski v Workers Compensation Nominal Insurer [2019] NSWDC 154 Hearing dates: 18 April 2019 Date of orders: 03 May 2019 Decision date: 03 May 2019 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Plaintiff's Summons dismissed (2) Order the plaintiff to pay the defendant's costs Catchwords: WORKERS COMPENSATION – freight handler suffered injury to lower back at work – worker made election to claim permanent loss compensation – further deterioration occurred

WORKERS COMPENSATION – leave of the court sought to revoke election regarding permanent loss compensation – s 151A(4) Workers Compensation Act 1987 – onus on the applicant to show whether "at the time of the election, there was no reasonable cause to believe that further deterioration would occur" – s 151A(5)(c) Workers Compensation Act 1987 - court must consider the evidence concerning the applicant's condition at that time and expert opinion as to the medical prognosis for that condition at that time Legislation Cited: Workers Compensation Act 1987 (NSW) Workers Compensation Legislation Further Amendment Act 2001 (NSW) Cases Cited: Cipriano v Sew Eurodrive Pty Limited [2016] NSWSC 1630 Corcoran v Tyre Marketers Australia [2001] NSWCA 300 Daniel v Holroyd City Council [2016] NSWDC 239 State of New South Wales v Taylor [2001] HCA 15; (2001) 204 CLR 461 Category: Procedural and other rulings Parties: Ivan John Glogoski (Plaintiff) The Workers Compensation Nominal Insurer (Defendant) Representation: Counsel: P Mooney SC (Plaintiff) C J Tanner (Defendant)