Workers Compensation Nominal Insurer v Sako

(2025) 116 NSWLR 422; [2025] NSWCA 12

NSW Court of Appeal

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Interrogate

Catchwords

1. Workers Compensation
2. › Uninsured liability regime
3. › Claims against Nominal Insurer
4. › Meaning of 'work injury damages'
5. › Meaning of 'injury'
6. › Whether dust diseases excluded from uninsured liability scheme
7. › Workers Compensation Act 1987 (NSW), ss 4, 140
8. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 4, 250
1. Workers Compensation
2. › Dust diseases
3. › Distinction between legislative treatment of dust diseases and general workers compensation
4. › Historical separation of regimes
5. › Workers' Compensation (Dust Diseases) Act 1942 (NSW)
1. Practice and Procedure
2. › Leave to appeal
3. › Interlocutory decision
4. › Leave to amend statement of claim
5. › Whether amendment futile
6. › Pure question of statutory construction capable of resolution
7. › General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125

Quick Take

Section 140 of the Workers Compensation Act 1987 (NSW) does not apply to dust disease claims (including silicosis), meaning workers whose employers were uninsured cannot claim against the Nominal Insurer under the uninsured liability regime for dust disease injuries.