Barden v Walgett Shire Council - [2024] NSWPIC 276

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Barden v Walgett Shire Council [2024] NSWPIC 276
APPLICANT:	Christopher Dale Barden
RESPONDENT:	Walgett Shire Council
SENIOR MEMBER:	Kerry Haddock
DATE OF DECISION:	24 May 2024
CATCHWORDS:	WORKERS COMPENSATION - Matter remitted from Presidential Unit after appeal by each party; claim for weekly benefits for psychological injury; respondent submitted that Member’s award of weekly benefits for a closed period had been revoked by Deputy President and required re-determination; applicant submitted that only the period in respect of which Member had made an award for the respondent required re-determination; respondent had paid weekly benefits in accordance with Member’s determination; applicant sought to amend application to close the period of the claim in written submissions in reply; respondent opposed amendment but did not submit it would suffer prejudice if amendment allowed; neither party able to rely on independent medical evidence that post-dated Member’s determination; applicant relied mainly on his statement evidence and clinical records; consideration of section 42 of the Personal Injury Commission Act 2020; Personal Injury Commission Rules 2021; Held – amendment to application allowed; award of weekly benefits was revoked by Deputy President and required re-determination; applicant had no work capacity during the period claimed; award for the applicant pursuant to sections 36 and 37 of the Workers Compensation Act 1987; respondent to have credit for payments made.
DETERMINATIONS MADE:	The Commission determines: 1. The Application to Resolve a Dispute is amended to claim weekly benefits from 13 April 2021 to 11 October 2023. 2. There is an award for the applicant of weekly benefits as follows: (a) from 14 April 2021 to 13 July 2021, pursuant to s 36 of the Workers Compensation Act 1987, at the rate of $1,067.72 per week; (b) from 14 July 2021 to 30 September 2021, pursuant to s 37 of the Workers Compensation Act 1987, at the rate of $899.14 per week; (c) from 1 October 2021 to 31 March 2022, pursuant to s 37 of the Workers Compensation Act 1987, at the rate of $909.84 per week; (d) from 1 April 2022 to 30 September 2022, pursuant to s 37 of the Workers Compensation Act 1987, at the rate of $926.58 per week; (e) from 1 October 2022 to 31 March 2023, pursuant to s 37 of the Workers Compensation Act 1987, at the rate of $957.80 per week; (f) from 1 April 2023 to 30 September 2023, pursuant to s 37 of the Workers Compensation Act 1987, at the rate of $997.46 per week, and (g) from 1 October 2023 to 11 October 2023, pursuant to s 37 of the Workers Compensation Act 1987, at the rate of $1,021.10 per week. . 3. The respondent is to have credit for payments of weekly benefits made.

STATEMENT OF REASONS

BACKGROUND

The applicant, Christopher Dale Barden (Mr Barden) was employed by the respondent, Walgett Shire Council (the Council), as an urban maintenance worker.
The applicant sustained psychological injury on…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2024] NSWPIC 276
Decision Date: 24 May 2024

CaseChat Overview and Summary

Barden brought a claim against the Walgett Shire Council for weekly benefits due to a psychological injury sustained during his employment. The matter was remitted to the court from the Presidential Unit following appeals by both parties. The central legal issue was whether the award of weekly benefits for a specified closed period, which had been revoked by a Deputy President, required re-determination. The Council contended that the award had been entirely revoked and necessitated a fresh determination, while Barden argued that only the period in respect of which the Member had made an award needed to be re-determined, as the Council had already paid benefits according to the Member's determination. Barden sought to amend his application to close the period of the claim in his written submissions in reply, a request the Council opposed but did not argue would cause it prejudice if allowed. Neither party could rely on independent medical evidence that post-dated the Member's determination, with Barden's case resting mainly on his statement evidence and clinical records.

The court examined section 42 of the Personal Injury Commission Act 2020 and the Personal Injury Commission Rules 2021 in reaching its decision. It allowed the amendment to Barden's application, concluding that the award of weekly benefits was indeed revoked by the Deputy President and required re-determination. The court found that Barden had no work capacity during the period claimed, and thus, pursuant to sections 36 and 37 of the Workers Compensation Act 1987, an award for Barden was appropriate. The Council was granted credit for the payments already made.

Orders