Nicholson v Victorian WorkCover Authority

[2016] VSCA 146

Victorian Court of Appeal

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For Australian Law.

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Catchwords

1. Accident Compensation
2. › Serious injury application
3. › Leave to commence proceeding for pecuniary loss damages
4. › Loss of earning capacity
5. › Measurement of loss of earning capacity
6. › Gross income from personal exertion
7. › Whether allowances received in capacity of employee form part of gross income from personal exertion
8. › Accident Compensation Act 1985 (Vic), ss 134AB(38)(a), 134AB(38)(e), 134AB(38)(f)
9. › Transport Accident Act 1986 (Vic), s 6(2)
1. Statutory Interpretation
2. › Defined terms
3. › Definition incorporated from another Act
4. › Meaning of 'income from personal exertion'
5. › Whether 'allowances' includes travel and clothing allowances
6. › Whether 'gross' income permits deduction of work-related expenses
7. › Transport Accident Act 1986 (Vic), s 6(2)
8. › Accident Compensation Act 1985 (Vic), s 134AB(38)(f)
1. Words and Phrases
2. › Gross income from personal exertion
3. › Allowances
4. › Accident Compensation Act 1985 (Vic), ss 134AB(38)(a), 134AB(38)(f)
5. › Transport Accident Act 1986 (Vic), s 6(2)

Quick Take

Travel and clothing allowances received by an injured worker in the capacity of employee are included in 'gross income from personal exertion' under s 134AB(38)(f) of the Accident Compensation Act 1985 (Vic). Work-related expenses claimed as tax deductions are not to be deducted from gross income when measuring loss of earning capacity for the purpose of the 40 per cent threshold. The word 'gross' in s 134AB(38)(f) precludes such deductions, ensuring a simple basis of calculation.