Workers Compensation – Claim for Weekly Benefits

Case Overview

Claim for weekly compensation for periods before and after 1 January 2013; claim made before 1 October 2012; whether the entitlement periods for weekly compensation commence to run from date weekly compensation paid or payable or from 1 January 2013; ss 32A, 36.

PK Simpson Lawyers instructing Ross Stanton Esq. represented a working mother Mrs Kilic before the WCC claiming weekly compensation.

Background of the Case

On 24 January 2011, and between November 2007 and 2 February 2011, the appellant worker, Hulya Kilic, received injuries in the course of her employment with the respondent employer, Kmart Australia Ltd (Kmart). Her claim for compensation was accepted and Kmart paid voluntary weekly and other compensation until 19 April 2012. Kmart disputed liability beyond that date on the ground that Ms Kilic had not received some of the injuries she alleged and that, in respect of the injuries that it conceded, she had no continuing incapacity for work.

Arbitrator’s Decision

The worker was injured in January 2011. Her first 26 weeks of incapacity ended on 29 July 2011. Arbitrator Haddock had determined that a worker who was not in receipt of weekly compensation benefits as at 1 October 2012 is not an existing recipient and weekly compensation entitlements are calculated according to the old legislative provisions until 31 December 2012.

Appeal Process

The issue on appeal was whether the Arbitrator erred in determining when the entitlement period in s 32A commences.

Conclusion

The recent changes to what was meant to be beneficial legislation would test the acumen of a University Law Medalist and may provide work for silks and the senior workers compensation bar for some time. It’s interesting that each time the Parliament attempts to amend the law to amend costs and reduce complexity they produce unwieldy bureaucracy and increased uncertainty for workers.