Armour v Bluescope Steel Ltd

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Armour v Bluescope Steel Ltd [2024] NSWPIC 602

APPLICANT:

Katherine Frances Armour

RESPONDENT:

BlueScope Steel Limited

MEMBER:

Gaius Whiffin

DATE OF DECISION:

28 October 2024

CATCHWORDS:

WORKERS COMPENSATION - Workers Compensation Act 1987; claim for psychological injury; claims for weekly benefits compensation, treatment expenses pursuant to section 60, and lump sum compensation pursuant to section 66; consideration of applicant’s and witnesses’ statements, medical reports and other treatment records, claim correspondence, as well as factual and contractual material; respondent accepts that the applicant sustained a psychological injury to which her employment was the main contributing factor but relies upon a defence to her claim pursuant to section 11A alleging that the injury was wholly or predominantly caused by reasonable action taken or proposed to be taken by it with regard to ‘transfer’; consideration as to whether the respondent can establish that its action amounted to ‘transfer’; Manly Pacific International Hotel Pty Ltd v Doyle, Wilson v Qantas Airways Limited, Smith v Roads and Traffic Authority of NSW, Pirie v Franklins Limited, Department of Education and Training v Sinclair, Shore v Tumbarumba Shire Council, Ninkovic v Sydney Children’s Hospital Network (Westmead), White v Commissioner of Police, Jeffery v Lintipal Pty Ltd, Canterbury Bankstown Council v Gazi, McCarthy v Department of Corrective Services, Insurance Australia Group Services Pty Ltd v Outram, BlueScope Steel Ltd v Markovski, Northern NSW Local Health Network v Heggie, and A1 Granny Flats v Workers Compensation Nominal Insurer considered; Held – the respondent has failed to establish (pursuant to section 11A) that its action which led to the applicant’s psychological injury amounted to ‘transfer’; its defence to the applicant’s claim fails; the applicant’s claim pursuant to section 66 is referred to a Medical Assessor; the applicant’s remaining claims (which will be potentially affected by the degree of whole person impairment found during medical assessment) are referred to a preliminary conference following the completion of the medical assessment process.

DETERMINATIONS MADE:

The Commission determines:

1. As a result of employment events and circumstances during her employment with the respondent, the applicant sustained a psychological injury in accordance with s 4 of the Workers Compensation Act 1987 (the 1987 Act).

2.     The applicant’s psychological injury will be deemed to have occurred on 23 June 2021.

3.     The respondent has failed to establish (pursuant to s 11A of the 1987 Act) that the applicant’s psychological injury was wholly or predominately caused by reasonable action taken or proposed to be taken by it with respect to transfer.

The Commission orders:

1. I remit this matter to the President for referral to a Medical Assessor pursuant to s 321 of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act) for assessment as follows:

Date of injury:                  23 June 2021 (deemed).

Body systems/parts:       psychiatric and psychological disorders.       

Method of assessment:   whole person impairment.

2.     The documents to be reviewed by the…