The case of Quigg v Northend Carpentry [2017] Case No.
G13376487 has clarified that the relevant period for calculating a
worker's pre-injury average weekly earnings (PIAWE) is the 12
months before the date of injury rather than the 12 months before
incapacity.
Background
Mr Quigg was diagnosed with melanoma, which developed as a result
of sun exposure while working for Northend Carpentry between 2001
and 2003. While the melanoma was removed in 2002, it later led to
metastases, which he discovered in 2015 while working for another
employer. He passed away from the disease in June 2016.
The Victorian WorkCover Authority accepted a lump sum
compensation claim from the worker's dependants based on an
injury date of December 2001, which was when the worker first
noticed his mole was changing as a result of the exposure. The
dependants and Northend disagreed with the calculation of the
worker's PIAWE in determining weekly pensions under s 92B of
the Accident
