Awick v Formcorp Pty Ltd (No 2)

Awick v Formcorp Pty Ltd (No 2) involves the dispute between the appellant, Awick, and the respondent, Formcorp Pty Ltd, regarding workers' compensation. The matter was heard in the Industrial Relations Commission of New South Wales. The central issue before the court was whether issue estoppel arose from an earlier determination between the parties and, if so, whether the worker had received a primary or secondary psychological injury under section 65A of the Workers Compensation Act 1987.

The court considered whether the previous determination by the Industrial Relations Commission in a different proceeding was determinative of the current issues. The court found that the nature of the issues in the earlier proceedings was different from those in the current appeal. The earlier decision did not cover the specific issue of whether the worker had a primary or secondary psychological injury, and thus, it did not give rise to issue estoppel. The court also examined the evidence regarding the worker’s injuries and concluded that the worker had suffered a primary psychological injury rather than a secondary one. This finding was based on the worker's direct experience of the traumatic event, rather than an indirect reaction to someone else's trauma.

Consequently, the court confirmed the Arbitrator’s decision of 11 May 2011, which held that the worker was entitled to workers' compensation for a primary psychological injury. Each party was ordered to bear its own costs of the appeal.