In Zeljko Komljenovic v Facility Management Solutions Pty Ltd [2013] NSWWCC 69 (‘Komljenovic’) and Khalid Mohammadi v Chandler Macleod Group t/as Ready Workforce Pty Ltd (WCC: 6998/12) (‘Mohammadi’) the Workers Compensation Commission considered the definition of an ‘existing recipient’ of weekly payments.
The Workers Compensation Commission held that a worker, who made a claim for compensation prior to
1 October 2012 but was not in receipt of weekly benefits at that time, was not an ‘existing recipient’ of weekly payments for the purposes of the 2012 amendments. This was despite the fact that the worker was retrospectively awarded weekly benefits immediately before 1 October 2012 and thereafter.