INDEPENDENT LEGAL ASSISTANCE AND REVIEW SERVICE (“ILARS”) – FURTHER LUMP SUM CLAIMS JEFFREY GABRIEL PRINCIPAL LAWYER 1

CRAM FLUID POWER V GREEN [2015] NSWCA 250 “Look around, everywhere you turn is heartache/It's everywhere that you go.” – Madonna (1990) The Court of Appeal found that a worker who made a claim for permanent impairment compensation prior to 19 June 2012 may not bring a further claim for lump sum compensation after that date. 2

WORKERS COMPENSATION AMENDMENT (LUMP SUM COMPENSATION CLAIMS) REGULATION 2015 “Baby I swear it’s déjà vu.” – Beyoncé (2006) Inserted Clause 11A into Schedule 8 of the Workers Compensation Regulation – Confers a benefit on workers with claims in respect of “an existing impairment.” 3

“One more time/We’re gonna celebrate” – Daft Punk (2001) One further permanent impairment claim: On or after 19 June Some worker’s entitlements under this Regulation may have already been exhausted. No Section 67 Section 66(1) does not apply 4 WORKERS COMPENSATION AMENDMENT (LUMP SUM COMPENSATION CLAIMS) REGULATION 2015

Unlikely to get the benefit of the 2015 Regulation. Operation of Section 17 of the Workers Compensation Act as interpreted in Manuel v BOC Limited [2011] NSWWCCPD 20 No further impairment without further noisy employment in the jurisdiction. 5 HEARING LOSS

WIRO FAST TRACK APPLICATION FORM For further permanent impairment claims only. If you are also claiming weeklies and/or medicals or lodging an appeal, use the regular form. 6

REQUIREMENTS OF THE FORM “We’d like to know a little bit about you for our files/ We'd like to help you learn to help yourself.” – Simon & Garfunkel (1968) “Details of the prior claim” means: Date of s66 claim Percentage of impairment Date of settlement or determination 7

ADDRESSING FURTHER PERMANENT IMPAIRMENT “I don't make the list, don't be mad at me.” – Jay-Z (2006) Table of Disabilities – subjective nature. WPI assessments: Address changes in pathology and/or range of motion and/or activities of daily living. Scans and statements! 8

ANY QUESTIONS? “Wake Up, Jeff! We really need you.” - The Wiggles (1996) 9

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