Appeal Threshold Defeated by Section 59A

In Air Electrical Pty Limited trading as DJ Staniforth & Co v Mortimer [2015] NSW WCC PD 18, Deputy President Roche was required to consider whether the $5,000.00 threshold to appeal had been satisfied in circumstances where an order had been made for the payment of future medical expenses.

It was agreed that the worker had not in fact undergone the surgery by the time of the Appeal and that by virtue of his age and Section 59A he was no longer entitled to payment of medical expenses.  President Roche stated:-

“The clear effect of the section (section 59A) is that Mr Mortimer has no entitlement to recover the costs of the proposed surgery (or to enforce the Arbitrator’s award) and, as no other compensation is claimed, or, on the current state of the evidence, can be claimed, there is no compensation at issue on appeal”.

It was therefore decided that the $5,000.00 monetary threshold could not be satisfied.