Driver wins right to continue receiving worker’s compensation after truck collision in 2017

A truck driver who is eligible for the age pension has been fighting to retain worker’s compensation payments after a serious crash. Now a tribunal has made a final ruling.

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AN elderly Tasmanian truck driver who was left unable to work after being involved in a collision has won a worker’s compensation case to continue receiving payments from his employer more than three years later.

The Workers Rehabilitation and Compensation Tribunal heard the case of the worker, now 76, and his employer, Circular Head Livestock Transport Pty Ltd, with the findings of Chief Commissioner Alison Clues recently published.

The tribunal had heard on April 24, 2017, that the worker, who was 73 at the time, suffered several injuries when the truck he was driving was in a collision with another truck.

Three days later, he made a claim for compensation, which was not disputed by his employer. The driver remained totally incapacitated as a result of his injuries and was being paid 80 per cent of his weekly earnings, being $964.85.

The tribunal heard Circular Head Livestock Transport continued making weekly worker’s compensation payments until terminating them on October 25, 2019, despite the worker continuing to give medical certificates showing he was unable to work.

The Workers Rehabilitation and Compensation Act says an employer may not be liable to pay compensation if the injury occurs on or before the date at which the worker becomes eligible for the Age Pension.

Chief Commissioner Clues said the man had proved he intended to continue in his employment despite having reached the pension age.

“The worker enjoyed working and had no plans to retire. If the worker could work, he would work,” she said.

“The terms and conditions of the worker’s employment are such as to permit him to continue to work if he were fit to do so.

“Prior to the collision, the worker did suffer from diabetes but that condition did not prevent him from working. He did not have any other health concerns that would prevent him from working.”

Chief Commissioner Clues found the worker’s weekly compensation payments should not have been terminated by Circular Head Livestock Transport in October 2019 and ordered they be re­instated from that date.

The weekly payments will continue for as long as the worker provides relevant medical certificates certifying him as incapacitated for work.