Booth v Retail Ready Operations Australia Pty Ltd - [2024] NSWPIC 103

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Booth v Retail Ready Operations Australia Pty Ltd [2024] NSWPIC 103
APPLICANT:	Rosella Dawn Booth
RESPONDENT:	Retail Ready Operations Australia Pty Ltd
MEMBER:	John Isaksen
DATE OF DECISION:	4 March 2024
CATCHWORDS:	WORKERS COMPENSATION - Claim for weekly payments; medical expenses and permanent impairment for psychological injury; whether the worker sustained injury in the course of her employment; whether there were actual events in the workplace which were perceived by the worker to be hostile or offensive so as to cause her injury; whether the worker’s evidence can be relied upon due to the progression of her psychological condition; reference to Attorney General’s Department v K; whether injury was wholly or predominantly caused by reasonable action taken by the respondent with respect to discipline and/or dismissal; reference to Hamad v Q Catering P/L; Held – the worker sustained an injury in the course of her employment with the respondent; the injury sustained by the worker was not wholly or predominantly caused by reasonable action taken by the respondent with respect to discipline and/or dismissal; the worker has had no current work capacity since she sustained her injury; awards of weekly payments of compensation for total incapacity and medical expenses and referral for assessment of permanent impairment to Medical Assessor.
DETERMINATIONS MADE:	The Commission determines: 1. The applicant sustained a psychological injury in the course of her employment with the respondent by way of a disease injury pursuant to s 4 (b)(i) of the Workers Compensation Act 1987 with a deemed date of injury of 17 November 2021. 2. The respondent has failed to establish a defence pursuant to s 11A (1) of the Workers Compensation Act 1987. 3. The applicant has had no current work capacity since 17 November 2021. The Commission orders: 1. The respondent is to pay the applicant $927.80 per week from 17 November 2021 to 15 February 2022 pursuant to s 36 (1) of the Workers Compensation Act 1987. 2. The respondent is to pay the applicant weekly payments of compensation pursuant to s 37 (1) of the Workers Compensation Act 1987 as follows: a. $781.30 per week from 16 February 2022 to 31 March 2022; b. $795.70 per week from 1 April 2022 to 30 September 2022; c. $822.50 per week from 1 October 2022 to 31 March 2023; d. $856.50 per week from 1 April 2023 to 30 September 2023, and e. $876.80 per week from 1 October 2023 to date and continuing. 4. The respondent is to pay the applicant’s reasonably necessary medical treatment for her psychological injury pursuant to s 60 of the Workers Compensation Act 1987. 5. The matter is remitted to the President for referral to a Medical Assessor as follows: Date of injury: 17 November 2021 Body Part: psychological injury Method of Assessment: whole person impairment 6. The documents to be forwarded to the Medical Assessor are as follows: a. Application to Resolve a Dispute with attachments; b. Reply…

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 103
Decision Date: 4 March 2024

CaseChat Overview and Summary

In the case of Booth v Retail Ready Operations Australia Pty Ltd, the dispute arose from a claim for weekly payments, medical expenses and permanent impairment for a psychological injury sustained by the worker in the course of her employment. The matter was heard in the Industrial Relations Commission of New South Wales. The central issue for the court was whether the worker had sustained an injury in the course of her employment, and if the injury was caused by reasonable actions taken by the employer with respect to discipline and/or dismissal.

The court examined the evidence and circumstances surrounding the alleged hostile or offensive events in the workplace that the worker perceived as causing her injury. It considered whether the worker’s evidence could be relied upon given the progression of her psychological condition, referencing the decision in Attorney General’s Department v K. The court also assessed whether the injury was wholly or predominantly caused by reasonable actions taken by the employer in relation to discipline and/or dismissal, drawing on Hamad v Q Catering P/L. After thorough deliberation, the court determined that the worker had indeed sustained an injury in the course of her employment and that the injury was not wholly or predominantly caused by reasonable actions taken by the employer.

Consequently, the court found that the worker had no current work capacity since sustaining her injury and ordered weekly payments of compensation for total incapacity. It also directed the payment of medical expenses and referred the worker for assessment of permanent impairment to a Medical Assessor. This decision underscored the importance of the nature and cause of psychological injuries in employment contexts and the need for careful consideration of the evidence presented.

Orders