Cabinet Decisions - Jan-1 Sep 1987 - Flipbook - Page 49
.2.
Agenda
Tt- m
2.
WORKERS' COMPENSATION.
Cabinet gave further consideration to the proposals
contained in Cabinet Minute No. 353-86 in conjunction
with the Revised Summary of Recommendations from Cabinet
Minute No. 353-86 agreed to by Cabinet at its meetings
on 24th February, 1987, and the letter dated 26th March,
1987, from the Minister for Industrial Relations.
Cabinet decided that:An average premium of 3.2% still he the target
for the 1987/88 insurance year;
Recommendation 5(a) be amended to increase the
ceiling on weekly compensation payments from
$450 to $480 per week;
Recommendation 5(k) be amended to increase the
lump sum provided in the case of death from
$60,000 to $80,000;
Recommendation 5(h) be further amended to delete
reference to an additional entitlement of up to
$20,000 for pain and suffering where there was a
permanent disability exceeding 10% loss of bodily
functions. This to be replaced by a modified
access to common law, under which:Workers assessed as having permanent
impairment of 10% or over will be
entitled to take action for compensation
for pain and suffering before a Judge of
the Compensation Court;
If a worker pursues an action for pain
and suffering it will be necessary to
establish negligence or breach of statutory
duty on the part of the employer;
The defence of contributory negligence
will be available to employers/fund managers
in cases which go to a Judge;
Pain and suffering actions will be limited
to a maximum of $60,000;
Judges will determine liability in respect
of pain and suffering in accordance with
common law principles and award damages on
a graduated basis to a maximum of $60,000
for the most severe case and where there is
no contributory negligence on the part of
the worker/claimant.
