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ARTICLE · 23 DECEMBER 2024

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One shot only - the final word on further lump sum claims

Bartier Perry Solicitors
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Case highlights that a worker cannot claim additional compensation or seek to amend their original claim.

AustraliaLitigation, Mediation & Arbitration
Peter Lichaa
Peter Lichaa
Izabella Bozinoski
Izabella Bozinoski
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Victory for Insurers as pivotal determination of Meyers v Andrew Miedecke Motors Pty Ltd [2024] NSWPIC 357 reaffirms the Workers' Compensation legislative scheme's stance on further lump sum claims.

In the decision of Meyers v Andrew Miedecke Motors Pty Ltd dated 4 July 2024, Principal Member Harris held and reaffirmed a worker had no entitlement to use section 329 of the Workplace Injury Management & Workers Compensation Act 1998 ("the 1998 Act") as a mechanism for referral for further assessment with respect to a threshold dispute to then pursue a further section 66 claim. This decision was premised on section 322A of the 1998 Act, which operates to restrict a worker to only one assessment of the degree of permanent impairment resulting from an injurious event.

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