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ARTICLE · 26 MAY 2014

Worker's right to lump sum compensation extinguished by transitional regulations of Workers Compensation Legislation Amendment Act 2012 (NSW)

Colin Biggers & Paisley
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A recent High Court judgment has implications for general liability underwriters.

AustraliaInsurance
Emma Locke
Emma Locke
Gavin Creighton
Gavin Creighton

In brief - High Court judgment has implications for general liability underwriters

The High Court of Australia has held in a recent decision in ADCO Constructions v Goudappel that the transitional regulations of the Workers Compensation Legislation Amendment Act 2012 (NSW) extinguished one worker's right to lump sum compensation despite him having made a claim two years prior to its commencement.

Worker's injury assessed at six per cent permanent impairment

The case ADCO Constructions Pty Ltd v Goudappel [2014] HCA 18 concerned a worker, Mr Goudappel, who sustained an injury on 17 April 2010 during the course of his employment with ADCO Constructions Pty Ltd. Two days later, Mr Goudappel made a claim for compensation under the Workers Compensation Act 1987 ("WCA").

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