Heise v Employers Mutual Limited

[2022] NSWCA 283

NSW Court of Appeal

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Interrogate

Catchwords

1. Workers Compensation
2. › Claims procedures
3. › Obligation to determine claim within statutory time limit
4. › Person on whom claim is made
5. › Whether claims management company engaged by Self Insurance Corporation is subject to statutory duty and criminal liability
6. › Whether criminal liability extends to parties engaged to manage and assess claims under Government managed fund schemes
7. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 281, 283
1. Statutes
2. › Construction
3. › Criminal liability provisions in workers compensation legislation
4. › Presumption against Crown criminal liability
5. › Whether inability to prosecute State supports construction extending liability to claims managers
6. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 7(1), 281, 283
1. Statutes
2. › Construction
3. › Delegated legislation
4. › Workers Compensation Guidelines
5. › Whether guidelines can deem entity to be insurer for purposes of statutory scheme
6. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 260(1), 376

Quick Take

Claims management companies engaged to manage claims under Government managed fund schemes are not subject to the statutory duty to determine claims or the associated criminal liability under ss 281 and 283 of the 1998 Act; liability remains with the employer or insurer.