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austlii:nsw/NSWWCCPD/2005/19
appellant. The Arbitrator's decision was revoked and substituted with a decision that the employer was not liable for weekly compensation for the period 9 November 2001 to 29 October 2002. The employer was...
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This is a short appeal decision where an employer successfully appealed against an Arbitrator's decision to award a worker weekly compensation payments. The Deputy President found the Arbitrator had made an error of fact. The parties agreed on the outcome, and the Arbitrator's decision was revoked and replaced with a decision that the employer was not liable for the compensation claimed for the specified period. The employer was ordered to pay the appeal costs.
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APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR
CITATION: Bartter Enterprises Pty Limited v Miller [2005] NSWWCCPD 19
DATE OF ARBITRATOR'S DECISION: 19 December 2003
SUBJECT MATTER OF DECISION: Calculation of entitlement pursuant to section 38 of the Workers Compensation Act 1987.
PRESIDENTIAL MEMBER: Dr Gabriel Fleming, Deputy President
REPRESENTATION: Appellant: Rankin & Nathan Solicitors
ORDERS MADE ON APPEAL: The decision of the Arbitrator, dated 19 December 2003, is revoked and the following decision is made in its place:
The Appellant Employer is not liable for the Respondent Worker's claim for weekly compensation pursuant to section 38 of the Workers Compensation Act 1987 for the period 9 November 2001 to 29 October 2002.
The Appellant Employer is to pay the costs of the appeal.
1. This is an appeal against the decision of an Arbitrator, dated 19 December 2003, to award Mr Miller weekly compensation payments in accordance with section 38 of the Workers Compensation Act 1987. The Employer Bartter Enterprises Pty Limited is the Appellant.
2. Leave to appeal is granted.
3. The parties attended a hearing of the appeal on 23 March 2005 and came to an agreement as to the outcome of the appeal.
4. I am satisfied that the Arbitrator made an error of fact in coming to her decision. I therefore revoke the Arbitrator's decision.
5. By the consent of the parties I substitute the following decision:
The Appellant Employer is not liable for the Respondent Worker's claim for weekly compensation pursuant to section 38 of the Workers Compensation Act 1987 for the period 9 November 2001 to 29 October 2002.
6. The Appellant Employer is to pay the costs of the appeal.
Dr Gabriel Fleming
Deputy President
23 March 2005
I CERTIFY THAT THIS IS A TRUE AND ACCURATE RECORD OF THE REASONS FOR DECISION OF DR GABRIEL FLEMING, DEPUTY PRESIDENT OF THE WORKERS COMPENSATION COMMISSION.
Bartter Enterprises Pty Limited
Miller [2005] NSWWCCPD 19
The Arbitrator's decision was revoked and substituted with a decision that the employer was not liable for weekly compensation for the period 9 November 2001 to 29 October 2002. The employer was ordered to pay the costs of the appeal.