ARTICLE · 19 JULY 2010

Is There Pain & Suffering After Death?

Moray & Agnew

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President Judge Keating affirmed the decision of the Arbitrator that a worker who died after Approved Medical Specialist (‘AMS’) assessment during proceedings is not entitled to compensation for pain and suffering under the Workers’ Compensation Act 1987 (NSW) (‘the Act’).

AustraliaEmployment and HR

Prue Flinn

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Ponticello (as executrix of the estate of the late Giorgio Gino Ponticello) v De Martin and Gasparini Pty Limited and Anor [2010] NSWWCPD46 (4 May 2010)

President Judge Keating affirmed the decision of the Arbitrator that a worker who died after Approved Medical Specialist ('AMS') assessment during proceedings is not entitled to compensation for pain and suffering under the Workers' Compensation Act 1987 (NSW) ('the Act').

Facts

On 7 May 2009, Mr Ponticello brought proceedings against his employer claiming compensation pursuant to s66 of the Act in respect of permanent impairment of the back and legs, loss of use of his sexual organs and a claim for pain and suffering under s67.

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