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Update on Summerfield Decision

ReturnToWorkSA applied to the High Court of Australia for special leave to appeal the Supreme Court’s decision in the matter of Summerfield. The matter was heard on 5th November 2021 and special leave was not granted by the High Court. What does this decision mean for organisations?

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11/07/2021

ReturnToWorkSA applied to the High Court of Australia for special leave to appeal the Supreme Court’s decision in the matter of Summerfield. The Summerfield decision relates to a significant legal case where an injured worker (Mr Summerfield) was left permanently injured during an incident at his workplace in 2016, where he originally injured his leg and hip.

ReturnToWorkSA has been challenging court rulings that have repeatedly upheld the worker’s claim for further compensation for complications from his original injuries, including a limp and back pain (combining his permanent impairment). The matter was heard on 5th November 2021 and special leave was not granted by the High Court.

This means that the Supreme Court decision in the Summerfield matter stands, which allows for some injured workers to combine impairments from separate injuries, moving them into a higher category of impairment. This will increase the benefits that an injured worker will receive through lump sum payments for a whole person impairment (WPI), and will allow them to cross the threshold to apply for a serious injury.

ReturnToWorkSA will now apply the Supreme Court ruling in accordance with the individual claim circumstances.

If you would like to learn more or have any questions, please contact your Worker’s Compensation broker at Mercer Marsh Benefits or contact us here.

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