ACR v Grace Worldwide Pty Ltd

In the matter of ACR v Grace Worldwide Pty Ltd, the claimant sought workers' compensation benefits from the respondent, Grace Worldwide Pty Ltd, for injuries sustained in the course of their employment. The dispute arose from the claimant's assertion that the injuries were wholly or predominantly caused by the employer's actions related to the provision of JobKeeper benefits. The case was heard by the Workers Compensation Commission of New South Wales.

The primary legal issues before the Commission were whether the claimant's injuries were indeed caused by the employer's actions concerning JobKeeper benefits and, if so, the weight to be afforded to the evidence presented in the absence of cross-examination. The Commission had to consider the principles set out in Aluminium Louvres and Ceilings Pty Ltd v Zheng, as well as the statutory provisions under section 11A of the Workers Compensation Act 1987. Furthermore, the Commission had to determine the appropriate weight to assign to the evidence given the claimant's inability to be cross-examined.

The Commission concluded that the evidence presented by the claimant was credible and sufficient to establish the causal link between the employer's actions and the injuries sustained. The Commission found that the principles established in Aluminium Louvres and Ceilings Pty Ltd v Zheng were applicable, and it was appropriate to accept the evidence in the absence of cross-examination. The Commission also considered the factors discussed in Raulston v Toll Pty Ltd and Northern NSW Local Health Network v Heggie, and found that the claimant's evidence was reliable and deserved full weight. The Commission held that the claimant's injuries were wholly or predominantly caused by the employer's actions with respect to the provision of JobKeeper benefits, and therefore, the claimant was entitled to the compensation sought.

The Commission ordered Grace Worldwide Pty Ltd to pay the claimant the workers' compensation benefits they sought, along with any applicable interest and costs.