Woolcock v Bant & Babel

[2005] WASCA 80

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Workers' Compensation
2. › Claims procedure
3. › Insured employer
4. › Service of medical certificate
5. › Whether certificate required by s 57A(1)(b) could be served on employer's insurer where employer partnership dissolved
6. › Workers' Compensation and Injury Management Act 1981 (WA), ss 57A, 173
1. Workers' Compensation
2. › Insurer's liability
3. › Employer ceasing to carry on business
4. › Construction of s 173(1)
5. › Whether insurer stands in shoes of employer for purposes of s 57A claims procedure
6. › Workers' Compensation and Injury Management Act 1981 (WA), s 173
1. Statutory Interpretation
2. › Workers' compensation legislation
3. › Purposive construction
4. › Deficiency in drafting
5. › Ascertaining legislative intention otherwise than by literal construction
6. › Workers' Compensation and Injury Management Act 1981 (WA), s 173(1)
1. Practice and Procedure
2. › Appeal
3. › New point raised on appeal
4. › Whether respondent permitted to raise preliminary point not raised before Review Officer or Compensation Magistrate

Quick Take

Where an employer has ceased to carry on business (including dissolution of a partnership), a worker may serve the medical certificate required by s 57A(1)(b) of the Workers' Compensation and Injury Management Act 1981 (WA) on the employer's insurer pursuant to s 173(1), and the insurer is deemed to have received a claim from the employer for the purposes of s 57A(3). It is not necessary for a deregistered company to be restored to the register in order for proceedings to be commenced against it where the company had a policy of insurance in respect of its liability to pay workers' compensation.