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Court decisions

Details of court decisions related to the schemes we regulate.

2018-19

RSM Building Services Pty Ltd v Hochbaum [2019] NSWWCCPD 15

On 18 April 2019, His Honour Judge Phillips, President of the Workers Compensation Commission, handed down the decision in the matter of RSM Building Services Pty Ltd v Hochbaum [2019] NSWWCCPD 15. The matter concerns the construction of section 39 of the Workers Compensation Act 1987 – Cessation of weekly payments after five years.

Specifically, the issue for consideration was, if the assessment of degree of permanent impairment is made at a point in time after the cessation of the aggregate 260-week period, is the worker entitled to the back payment of compensation between the cessation date and the date of the assessment of permanent impairment greater than 20 per cent?

His Honour revoked the Senior Arbitrator’s Certificate of Determination and replaced it with a finding for the employer.

Read the decision

R v Kolja Nikoljic [2014] NSWLC 00165884, 00161650, 00161608, 00165863, 00165895, 00343258, 00161803, 00161632, 00161643, and 00343224, and NSWDC 3310080

The NSW Local Court convicted Mr Kolja Nikoljic on 10 December 2014 for offences relating to workers compensation fraud. The court found Mr Nikoljic tendered false payslips and dishonestly obtained money from workers compensation insurers by deception.

On the date of his conviction, Mr Nikoljic was not present.

Mr Nikoljic was arrested in Victoria on 7 December 2018, before being refused bail and extradited to NSW. He was subsequently sentenced at Central Local Court on 20 February 2019.

On that date, Mr Nikoljic was sentenced to four years and six months jail with a non-parole period of three years, four months and 15 days.

Mr Nikoljic was also ordered to pay $28,254.86 restitution to QBE, $14,989.96 to Allianz, and $36,433.00 in prosecution costs.

Mr Nikoljic appealed against the severity of the sentence in the NSW District Court on 8 April 2019.

The appeal was allowed and Mr Nikoljic was re-sentenced to a term of imprisonment of four years and six months, with a non-parole period of two years and 11 months. The restitution and prosecution costs were also confirmed. Mr Nikoljic will be eligible for parole on 6 November 2021.

2017-18

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2016-17

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2015-16

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