The employee in this case succeeded in his application for interim payment in an employees' compensation proceedings.

It used to be unusual for employees to apply for interim payment in an EC case as they are usually being paid periodical payments and would not usually suffer financial hardship. However, there appears to be an increasing trend for employees to make this type of application after periodical payments have stopped. The employer in this case argued that the employee was fit to work as he had had returned to work for 10 months following the initial eight day period of sick leave. The Form 7 was not issued until about 10 months after the accident and by that time, the employee had already returned to work for 10 months. However, after the Form 7 was issued, he started taking sick leave which extended for another year and lodged an objection to the Form 7.

The employer contended that he was able to work during that period relying on a short medical note and refused to pay him periodical payments. As he had no income for those 10 months, the employee argued that he should be entitled to interim payment as he had produced properly issued sick leave certificates.

The Court agreed with the employee and remarked that the employer could have asked the employee to undergo a medical examination pursuant to S.16 ECO to ascertain his entitlement to periodical payments. As they did not produce any such medical report, the Court preferred to rely on the employee’s short medical note to say that he was not fit to work.

Although the Applicant applied for interim payment, it seems he could have chosen to apply for outstanding periodical payments instead.