Jackermis v Woolworths – more than one economic loss payment?

Jackermis v Woolworths (SA) (RTWSA as intervener) [2022] SAET 74

 

In a judgment delivered by the Full Tribunal of the South Australian Employment Tribunal in Jackermis v Woolworths and Return to Work Corporation of South Australia delivered 14 June 2022 it was held that a worker who suffered a further work injury occurring subsequent in time to an earlier work injury is entitled to a further lump sum pursuant to Section 56 of the Return to Work Act, 2014.

The decision concerns deduction pursuant to Section 56(6) of the Act concerning economic loss The Full Bench recorded in paragraph 109 of its judgment:-

“The phrase “a new work injury” as it appears in Section 56(6)(b)(ii) of the Return to Work Act is a further work injury that occurs subsequently in time to an earlier work injury that gives rise to an entitlement of lump sum under Section 56 where a portion of the impairment is due to a previous injury which gave rise to an entitlement under the Section”.

The case advanced by the compensating authority before The Full Tribunal was that any subsequent Section 56 entitlement should have its monetary value reduced by any prior Section 56 payment unless such deduction had already occurred as a part of a percentage deduction pursuant to the Impairment Assessment Guidelines.

In Jackermis The Full Tribunal allowed Mr Jackermis’ appeal and found there should have been no reduction of entitlement arising from the left shoulder injury because there was a prior entitlement pursuant to Section 56 arising from the right shoulder.

It is understood that an application for leave to appeal to the Supreme Court has been filed by the compensating authority.

 

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