[1996] 1 VR 490
CASSAR v VICTORIAN WORKCOVER AUTHORITY and ANOR
SUPREME COURT OF VICTORIA
HANSEN J
3, 18 May 1995
Accident compensation — Worker — Redundancy payment — Weekly payments — Period of entitlement — Period of non-entitlement — Whether period of
entitlement to weekly payments suspended during period of non-entitlement — Whether period of entitlement co-terminous with period of non-entitlement — Accident 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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