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austlii:sa/SAWCRP/1991/509
appellant. Determination in favour of the worker. The Review Officer set aside the WorkCover Corporation's decision of 2 May 1991 and determined acceptance by WorkCover of payment of $1,505 for travelling...
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This case involved a worker who travelled from Millicent to Adelaide for a medical examination and had a car accident on the way home. WorkCover had paid some travel costs but refused to pay for damage to the worker's personal belongings and accommodation costs. Before the Review Officer, the parties reached an agreement where WorkCover would pay the disputed amount. The Review Officer formally set aside the original decision and approved the agreed payment of $1,505 for travelling costs.
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Costs reasonably incurred - mileage - resolved by agreement.
Determination made by Review Officer on 22nd August 1991
This is the determination of an application lodged on the 8th May 1991 by Giovanni Cozzi who seeks a review pursuant to the Workers' Rehabilitation and Compensation Act, 1986 ("the Act") of a decision made on the 2nd May 1991 by the WorkCover Corporation to reject the cost of travelling for the purpose of receiving medical services.
The worker was represented by Mr Warwick Downs of counsel of Reilly Downs & Humphries, WorkCover Corporation was represented by Ms Josephine Ridgeway of counsel of Ross & McCarthy.
When the parties came before me Mr Downs explained that the worker had travelled to Adelaide from Millicent to attend a medical examination and on his way home had suffered a motor vehicle accident.
WorkCover had paid $304 for mileage costs between Millicent and Adelaide. The worker claimed a further $1,000 as damage to his personal effects pursuant to Section 34 of the Act and $25 for accommodation. The amount in dispute was $1,201 and the Corporation agreed to pay this amount.
According pursuant to Section 96 of the Act I set aside the decision of the WorkCover Corporation of the 2nd May 1991 and determine the acceptance by WorkCover of the payment of $1,505 for travelling costs.
I certify that the worker was represented by legal counsel and is entitled to relevant costs and disbursements for this application.
Any appeal against this determination must be lodged with the Workers' Compensation Appeal Tribunal within one month of the receipt of this determination. Enquiries about appeals may be directed to the Registrar of the Tribunal, 4th Floor, Hooker House, 33 King William Street, Adelaide (phone: 226.9718) and forms for appeal are available from the same address.
Cozzi
WorkCover
Determination in favour of the worker. The Review Officer set aside the WorkCover Corporation's decision of 2 May 1991 and determined acceptance by WorkCover of payment of $1,505 for travelling costs. The worker was certified as entitled to relevant costs and disbursements as represented by legal counsel.