Hochbaum v RSM Building Services Pty Ltd; Whitton v Technical and Further Education Commission t/as TAFE NSW

(2020) 102 NSWLR 941; [2020] NSWCA 113

NSW Court of Appeal

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Interrogate

Catchwords

1. Workers' Compensation
2. › Assessment and amount of compensation
3. › Weekly payments
4. › Cessation of weekly payments after 5 years
5. › Whether formal assessment of permanent impairment is precondition to exemption from 260-week limit
6. › Whether exemption has temporal element operating only from date of assessment
7. › Workers Compensation Act 1987 (NSW), s 39
1. Statutes
2. › Construction
3. › Workers compensation legislation
4. › Use of present tense in statutory provision
5. › Whether 'is to be assessed' mandates prior formal assessment or specifies methodology
6. › Contrast between 'is to be assessed' and 'has been assessed'
7. › Workers Compensation Act 1987 (NSW), ss 32A, 39

Quick Take

The Court held that a worker whose permanent impairment ultimately exceeds 20% is entitled to weekly payments for the gap period between cessation at 260 weeks and the date of formal assessment; formal assessment is not a precondition to the s 39(2) exemption.

Case Details

Citation[2020] NSWCA 113

Reported(2020) 102 NSWLR 941

CourtNSWCA

JurisdictionNew South Wales

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