On 5 August 2024, Chief Justice Blow of the Supreme Court of Tasmania handed down a decision in the matter of Pearson v State of Tasmania [2024] TASSC 41 in relation to the question of whether an employer is required to resume making weekly payments of compensation to a worker where a medical certificate is received following a gap of more than 14 days from the expiry of the certified incapacity in the previous certificate.

The decision was in relation to an appeal of a determination by the Tasmanian Civil and Administrative Tribunal that an employer was not liable to resume making weekly payments in those circumstances.

Blow CJ allowed the appeal, finding that the employer became liable to make weekly payments of compensation to the worker from the time it received the medical certificate.

His Honour considered that it would be contrary to the legislative intention in the Act to interpret the legislation, as beneficial legislation, as allowing the employer to avoid making weekly payments for up to 84 days from the date of the delivery of the medical certificate following the gap.

In making his decision Blow CJ indicated that he agreed with an observation that had been made by the Tribunal that s81 of the Act (which limits the extent to which an employer has to back pay a worker when a claim for compensation is made) is not applicable in these circumstances. This leaves open a potentially significant question about what happens in a case where a worker presents a back dated medical certificate following a gap certification (particularly where the gap is a long one).  It is likely that this issue will require consideration in future cases.

Please feel free to contact our insurance litigation team should you have any questions about the impact of this decision.