Austin v Workers' Compensation Regulator

Case [2025] QIRC 110

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Austin v Workers' Compensation Regulator [2025] QIRC 110

PARTIES:

Austin, Julie Ann
(Appellant)

v

Workers' Compensation Regulator
(Respondent)

CASE NOS:

WC/2023/39

PROCEEDINGS:

Appeal against decision of the Workers' Compensation Regulator

DELIVERED ON:

 7 May 2025

HEARING DATE: 

12, 13 and 14 February 2024

MEMBER:

HEARD AT:

O'Connor VP

Cairns

ORDER:

1. Pursuant to s 558(1)(c) of the Workers' Compensation and  Rehabilitation Act 2003, the review decision of the Respondent dated 3 March 2023 is set aside and another decision substituted, namely, that the Appellant’s application for workers’ compensation, the subject of this proceeding, is one for acceptance.

2.         Pursuant to r 41(1) of the Industrial Relations (Tribunals) Rules 2011:

(a) the parties are to exchange and file written submissions on the costs of the hearing (of no more than two (2) pages, 12-point font size, line and a-half spacing with numbered paragraphs and pages) by 4.00 pm on Friday, 13 June 2025; and

  (b)           unless otherwise ordered, the decision on costs be determined on the papers
CATCHWORDS:

WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - where Appellant was employed as a tour desk agent/operator with Accor Australia & New Zealand Hospitality Pty Ltd at the Pullman Hotel in Cairns - where Appellant lodged an application for compensation in relation to a lower back injury whilst lifting bags - where WorkCover accepted her application for an aggravation of pre-existing pathology at L4/5 - where Appellant lodged a notice of claim including a claim for an unassessed psychiatric/psychological injury - where WorkCover rejected claim for the unassessed psychiatric/psychological injury as not being work related - whether Appellant has sustained a personal injury - whether the personal injury has arisen out of, or in the course of, her employment with the employer - whether the Appellant's employment was a significant contributing factor to her injury -whether the Appellant has sustained a psychological injury within the meaning of s 32 of the Workers' Compensation and Rehabilitation Act 2003

LEGISLATION:

CASES:

Workers' Compensation and Rehabilitation Act 2003, s 32, s 558

Industrial Relations Act 2016, s 451 , s 531

Industrial Relations (Tribunals) Rules 2011 , r 41, r 45

Adelaide Stevedoring Company Ltd v Forst (1940) 64 CLR 538
Avis v WorkCover Queensland [2000] QIC 67; (2000) 165 QGIG 788

Binns v Thomas Borthwick & Sons [2005] QSC 237
Builders Licensing Board v Sperway Constructions (Syd) Pty Ltd (1976) 135 CLR 616
Charters Towers Regional Council v Workers' Compensation Regulator [2019] QIRC 27

Chattin v WorkCover Queensland (1999) 161 QGIG 531

Church v Simon Blackwood (Workers' Compensation Regulator) [2015] ICQ 031
Groos v WorkCover Queensland [2000] QIC 52; 165 QGIG 106
Harris v Caladine (1991) CLR 84

Holtman v Sampson [1985] 2 Qd R 472

Kavanagh v Commonwealth (1960) CLR 547

Kim v Workers' Compensation Regulator [2019] ICQ 14
McGrory v Medina Property Services Pty Ltd [2017] QCA 234
Newberry v Suncorp Metway Insurance Ltd [2006] QCA 48; (2006) 1 Qd.R 519,

Obstoj v Van de Loos (Unreported,…

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AGLC
Austin v Workers' Compensation Regulator [2025] QIRC 110
Case
[2025] QIRC 110
Decision Date

CaseChat Overview and Summary

The appeal before the Court involves the Appellant, who was employed as a tour desk agent/operator with Accor Australia & New Zealand Hospitality Pty Ltd at the Pullman Hotel in Cairns. The Appellant lodged an application for compensation related to a lower back injury incurred while lifting bags at work. WorkCover accepted the application concerning an aggravation of pre-existing pathology at L4/5 but rejected a subsequent claim for an unassessed psychiatric/psychological injury, deeming it not work-related. The Appellant sought a review of this decision.

The central legal issues for the Court to determine were whether the Appellant sustained a personal injury, if the injury arose out of or in the course of her employment, and whether her employment was a significant contributing factor to her injury. Additionally, the Court had to decide if the Appellant's claim for a psychological injury fell within the meaning of s 32 of the Workers' Compensation and Rehabilitation Act 2003. The Court needed to assess the Appellant's evidence and the factual findings made by WorkCover.

The Court found that the Appellant's employment did contribute significantly to her lower back injury, and thus her application for compensation should be accepted. The Court concluded that the Appellant's claim for an unassessed psychological injury was valid and should be considered under the Act. Therefore, the Court set aside the review decision of the Respondent and substituted it with a decision accepting the Appellant's application for workers' compensation. The Court also directed the parties to submit written submissions on the costs of the hearing and scheduled a decision on costs based on the submissions.

Orders

Orders of the court

1. Pursuant to s 558(1)(c) of the Workers' Compensation and Rehabilitation Act 2003, the review decision of the Respondent dated 3 March 2023 is set aside and another decision substituted, namely, that the Appellant’s application for workers’ compensation, the subject of this proceeding, is one for acceptance.

2. Pursuant to r 41(1) of the Industrial Relations (Tribunals) Rules 2011:

(a) the parties are to exchange and file written submissions on the costs of the hearing (of no more than two (2) pages, 12-point font size, line and a-half spacing with numbered paragraphs and pages) by 4.00 pm on Friday, 13 June 2025; and

(b) unless otherwise ordered, the decision on costs be determined on the papers

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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