CASSAR v VICTORIAN WORKCOVER AUTHORITY and ANOR

1 VR 490·HANSEN J
[1996] 1 VR 490
CASSAR v VICTORIAN WORKCOVER AUTHORITY and ANOR SUPREME COURT OF VICTORIA HANSEN J 3, 18 May 1995 Accident compensationWorkerRedundancy paymentWeekly paymentsPeriod of entitlementPeriod of non-entitlementWhether period of entitlement to weekly payments suspended during period of non-entitlementWhether period of entitlement co-terminous with period of non-entitlementAccident Compensation Act 1985 (No 10191) s82, s93, s93A, s93B, s96 . By s93A and s93B of the Accident Compensation Act 1985, an incapacitated worker was entitled to weekly payments for a total period of 104 weeks from the beginning of the incapacity. An incapacitated worker who had received certain benefits, including a redundancy payment, was disentitled by s96 to weekly payments for a period determined by s96(3). The plaintiff had received a redundancy payment and his non-entitlement period under s96(3) was 82 weeks. In his claim for weekly payments, the magistrate held he had been totally incapacitated and ordered that he receive weekly payments for 22 weeks, being the balance of the period of 104 weeks under s93A and s93B less the 82 week non-entitlement period. The plaintiff appealed on the grounds that the period of entitlement under s93A and s93B was suspended during the period of non-entitlement under s96.

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[1996] 1 VR 490

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