Western Power Corporation v McMullen

[2004] WASCA 3

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Workers' Compensation
2. › Constraints on awards of common law damages
3. › Assessment of degree of disability
4. › Form 22 application
5. › Relevant level of disability nominated as 'not less than 30%'
6. › Whether finding of alternative level of disability open to Review Officer
7. › Workers' Compensation and Rehabilitation Act 1981 (WA), ss 93C, 93D, 93E(3)
1. Workers' Compensation
2. › Jurisdiction of Review Officer
3. › Scope of referral under s 93D(5)
4. › Whether Review Officer confined to question referred
5. › Whether alternative determination of not less than 16% available when 30% nominated
6. › Workers' Compensation and Rehabilitation Regulations (WA), reg 19J

Quick Take

A worker seeking a determination of degree of disability under the Workers' Compensation and Rehabilitation Act 1981 (WA) must nominate one and only one relevant level of disability on a Form 22. A Review Officer has no jurisdiction to determine an alternative level of disability not nominated on the Form 22. If a worker wishes to claim both not less than 30% and not less than 16%, two separate Form 22 applications must be lodged.