Workcover published its final report of its review of the current Workers’ Compensation and Injury Management Act 1981 on 26 June 2014. As usual with Workcover, very little time has been allowed to comment on the report. One of the changes is to re-number the sections of the Act – which won’t make it any easier to understand. Another unnecessary reform is to the definition of “worker”. This term has a well settled meaning in Western Australia, but in the interests of modernizing the Act we’ll now have a new shiny untried definition, based on a definition in the Income Tax Assessment Act. I look forward to the litigation!

The Workers Compensation “Prescribed Amount” for this coming financial year has increased by just over 3% from $206,742.00 to $212,980.00. As many Workers Compensation entitlements depend upon the Prescribed Amount, this increases those benefits. No doubt, the thresholds on damages under the Civil Liability Act 2002 will also be increased. Currently these are: Amount A $19,000, Amount C $57,500 and Amount B $6,500.

Dan Connor starts practicing as Connor Legal from Suite 32, 25 Walters Drive Osborne Park (directly across the road from the previous location).

We have appealed Robertson v Baker to the Supreme Court. The Appeal will probably be held in or about November or December 2014. The basis of the appeal is that the judge made an “order of operations” error in the sequence he applied s31(1) and s42(3) of the Criminal Injuries Compensation Act 2003, and he therefore lacked jurisdiction to review the Assessors award made to our client.