Barnett v Gulf Industries Pty Ltd - [1999] TASSC 4

[1999] TASSC 4

PARTIES:  BARNETT, Gregory Ernest
  v
  GULF INDUSTRIES PTY LTD

TITLE OF COURT:  SUPREME COURT OF TASMANIA
JURISDICTION:  APPELLATE
FILE NO/S:  LCA 2/1997
DELIVERED:  18 January 1999
HEARING DATE/S:  2 October 1998
JUDGMENT OF:  Cox CJ

CATCHWORDS:

Workers Compensation - Proceedings to obtain compensation - Determination of claims - Appeals and stated cases - Question of law - What constitutes - Whether a failure to give adequate reasons for determination and to make material findings an error of law - Credibility of the worker - Whether a duty to traverse evidence and give reasons for rejecting.

Gulf Industries Pty Ltd & Another v Barnett (1996) 6 Tas R 142; Returned Services League of Australia (Devonport Sub Branch) v Garwood A59/1995; Burgess v Umina Park Homes for the Aged (1993) 2 Tas R 246; Attorney-General (Tas) v Smith A87/1994; Roberts Limited v Barker 137/1998, followed.
Workers Rehabilitation and Compensation Act 1988 (Tas), s86(1)(c).
Aust Dig Workers Compensation [161]

REPRESENTATION:

Counsel:
             Appellant:  R W Pearce
             Respondent:  C N Dockray
Solicitors:
             Appellant:  Douglas & Collins
             Respondent:  C N Dockray

Judgment category classification:

Judgment ID Number: [1999] TASSC 4
Number of pages: 10

Serial No 4/1999
File No LCA 2/1997

GREGORY ERNEST BARNETT v GULF INDUSTRIES PTY LTD

REASONS FOR JUDGMENT COX CJ

18 January 1999

The appellant ("the worker") suffered injury in the course of his employment with the respondent ("the employer") by virtue of a right carpal tunnel syndrome sustained in or about 13 May 1993. He was a fibreglass fabricator and had worked in this industry since 1977 when he was seventeen years of age. He underwent surgery on his right wrist for the condition and was paid weekly payments of workers compensation on the basis of total incapacity for work between May 1993 and March 1994, when they were terminated pursuant to the Workers Rehabilitation and Compensation Act 1988, s86(1)(c) ("the Act"), a medical practitioner, Mr E D McIntyre, having certified on 25 February 1994 that the worker had substantially recovered from the effects of his injury.

Mr McIntyre's certificate was to the following effect:

"(1)I am an orthopaedic surgeon and a registered medical practitioner in Tasmania.
(2)I interviewed and examined Mr Gregory Ernest Barnett at the request of his employer's workers compensation insurers on the 9th February, 1994. I had previously interviewed and examined Mr Barnett approximately two months previously.
(3)I was informed by both his workers compensation insurer and by Mr Barnett that he had claimed workers compensation in May 1993 with respect to a right carpal tunnel syndrome injury predominantly to his fingers which had arisen from regular pressure and strain upon Mr Barnett's hands as a result of using fibreglass spray equipment in the course of his employment with Gulf Industries Pty Ltd.
(4)As a result of my personal examination of Mr Barnett, and the history provided to me, I noted that Mr Barnett was a strongly muscled individual, particularly in his upper limbs. He had a full range of both active and passive…

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: [1999] TASSC 4
Decision Date: 18 January 1999

CaseChat Overview and Summary

Barnett v Gulf Industries Pty Ltd is a case involving a dispute between a worker, Gregory Ernest Barnett, and his employer, Gulf Industries Pty Ltd, regarding the cessation of weekly workers compensation payments. Barnett suffered a right carpal tunnel syndrome injury in the course of his employment as a fibreglass fabricator. After undergoing surgery, he was paid weekly compensation on the basis of total incapacity for work. However, in February 1994, a medical practitioner certified that Barnett had substantially recovered from the effects of his injury, leading to the termination of his compensation payments. Barnett appealed this decision to the Workers Rehabilitation and Compensation Tribunal, which was subsequently appealed to the Supreme Court of Tasmania.

The legal issues in this case revolved around the determination of whether Barnett had substantially recovered from the effects of his injury, and if the Tribunal had made adequate findings of fact and provided sufficient reasons for its decision. The Court needed to assess whether the Tribunal's failure to make detailed findings on crucial material facts and provide reasons for rejecting certain evidence constituted an error of law.

In its judgment, the Court found that the Tribunal's determination that Barnett had substantially recovered from the effects of his injury was reasonably open on the evidence. However, the Court held that the Tribunal's failure to make detailed findings on the nature and extent of Barnett's physical disabilities and provide reasons for rejecting much of the evidence of Barnett, his wife, and Dr. Sereda amounted to an error of law. The Court emphasised the importance of providing adequate reasons in appropriate cases, particularly in workers compensation matters where appeals are limited to questions of law.

As a result, the Court allowed the appeal, set aside the Tribunal's determination and order, and ordered the reference to be reheard by the Tribunal. This decision highlights the need for decision-makers in workers compensation cases to provide clear and reasoned findings, particularly when rejecting evidence that may be crucial to the outcome of the case.

Orders