CASE: Cram Fluid Power Pty Ltd v Green [2015] NSWCA 250

On 27 August 2015 the Court of Appeal delivered judgment in Cram Fluid Power Pty Ltd v Green [2015] NSW CA 250.

PREVIOUSLY

  • The 2012 reforms did not apply to Permanent Impairment Claims where a worker specifically sought permanent impairment compensation before 19 June 2012.

NOW

  • Claims submitted after 19 June 2012 are new claims, not claims that specifically sought compensation before 19 June 2012
  • Only “further” claims made before 19 June 2012 are protected from the reforms.

RESULT

Any claims for further Permanent Impairment compensation made after 19 June 2012 (including deterioration claims under section 66A(3)(c)) are caught by the 2012 reforms and are therefore not maintainable by virtue of the section 66(1A) “one claim” provisions.