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ARTICLE · 17 MAY 2017

Section 67 claims for workers compensation: a softly beating heart?

Bartier Perry Solicitors
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Although section 67 claims are now abolished, the Commission has held that in some circumstances they can still be made.

AustraliaEmployment and HR
Will Murphy
Will Murphy
Stephen Ke (Formerly With Bartier Perry)
Stephen Ke (Formerly With Bartier Perry)
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The 2012 amendments (Workers Compensation Legislation Amendment Act 2012) abolished the entitlement to compensation for pain and suffering under section 67 of the Workers Compensation Act (WCA) from 19 June 2012.1

However, does a worker who made a claim for lump sum compensation before 19 June 2012 retain a right to recover compensation under section 67?

A recent Presidential decision has explored that issue. The Commission has held in some circumstances section 67 claims can still be made.

Woolworths Ltd v Wagg 2

Cheryl Wagg (the "worker") worked at a Woolworths deli. The facts of the claim are complex. We outline the most relevant ones:

  • The worker suffered compensable injury to her right knee in 2008 (the "first injury"). She subsequently underwent knee surgery.

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