| DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY A MEMBER | |
CITATION: | Anderson v Sydney Trains [2025] NSWPICPD 47 |
APPELLANT: | Kellie Anderson |
RESPONDENT: | Sydney Trains |
INSURER: | Transport for NSW |
FILE NUMBER: | A1-W4123/24 |
PRESIDENTIAL MEMBER: | Acting Deputy President Paul Sweeney |
DATE OF APPEAL DECISION: | 3 June 2025 |
ORDERS MADE ON APPEAL: | 1. The Certificate of Determination dated 2 August 2024 is confirmed. |
CATCHWORDS: | WORKERS COMPENSATION – s 10(3A) of the Workers Compensation Act 1987; whether real and substantial connection between accident on journey and employment; Bina v ISS Property Services Pty Limited [2013] NSWWCCPD 72 and Dewan Singh and Kim Singh t/as Krambach Service Station v Wickenden [2014] NSWWCCPD 13 considered; whether Member erred by applying a test of causation between accident and employment |
HEARING: | On the papers |
REPRESENTATION: | Appellant: |
| Mr G Horan, counsel | |
| Turner Freeman, solicitors | |
| Respondent: | |
| Mr L Robison, counsel | |
| HWL Ebsworth Lawyers | |
DECISION UNDER APPEAL: | |
MEMBER: | Ms F Seaton |
DATE OF MEMBER’S DECISION: | 2 August 2024 |
INTRODUCTION
This appeal primarily concerns the application of s 10(3A) of the Workers Compensation Act 1987 (the 1987 Act) to a worker’s journey between a place of abode and a place of employment.
Kellie Anderson (the appellant) commenced employment with Sydney Trains (the respondent) as a Transport Officer on 13 April 2023. On 17 April 2023, the appellant suffered injury when she fell at Strathfield Station while travelling from her home at Glenmore Park to the respondent’s Petersham office where she was undertaking training.
Relevantly, the appellant suffered injuries to her neck and left shoulder in the incident at Strathfield Station. Following the injury, she consulted her general practitioner, Dr Michael Looi, of Penrith, who certified that she was unfit for work.[1] The appellant alleges that she has been unable to return to any form of employment.
[1] Appellant’s statement dated 20 May 2024, Application to Resolve a Dispute (ARD), p 2.
On 6 February 2024, the appellant made a claim for compensation on the respondent.[2] By a notice pursuant to s 78 of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act) dated 9 February 2024, the respondent denied liability to pay compensation for the injury of 17 April 2023.[3] It denied that the appellant suffered injury arising out of and in the course of her employment in accordance with s 4 of the 1987 Act. It accepted that she was on a journey between her place of abode and place of employment at the time of her injury. However, it stated that:
“you are not entitled to compensation because there was no real and substantial connection between your employment and the accident that caused your injury.”[4]
[2] Reply to Application to Resolve a Dispute (reply), p 1.
[3] ARD, p 10.
[4] ARD, pp 11–12.
THE ARBITRATION HEARING
By an Application to Resolve a Dispute (ARD) lodged with the Commission on 23 May 2024, the appellant claimed weekly compensation and an indemnity in respect of her…
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- AGLC
- Anderson v Sydney Trains [2025] NSWPICPD 47
- Case
- [2025] NSWPICPD 47
- Decision Date
CaseChat Overview and Summary
The legal issue at the heart of the case was the interpretation and application of section 10(3A) of the Act. Specifically, the Court had to consider whether the Member had correctly assessed the connection between the injury and the employment by applying an appropriate test. The claimant argued that the Member had applied an incorrect test of causation, which had led to an erroneous conclusion that no real and substantial connection existed. The Court examined the relevant case law, including Bina v ISS Property Services Pty Limited and Dewan Singh and Kim Singh t/as Krambach Service Station v Wickenden, to determine the correct approach to be taken.
The Court concluded that the Member had indeed erred in applying the test of causation. Instead, the Court held that the correct approach involved assessing whether there was a real and substantial connection between the injury and the employment, considering all the circumstances. The Court found that the Member had failed to adequately consider all relevant factors, including the nature of the employment and the circumstances of the accident. The Commission found that the Member's error had led to an incorrect conclusion, and therefore remitted the matter back for reconsideration. The Court ordered that the Member reassess the case, taking into account the correct legal test as outlined in the decision.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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