Brambles Industries Ltd v Bell

Case [2010] NSWCA 162



New South Wales


Court of Appeal


CITATION: Brambles Industries Limited v Bell [2010] NSWCA 162
HEARING DATE(S): 6 July 2010
 
JUDGMENT DATE: 

6 July 2010
JUDGMENT OF: Hodgson JA at [1], [31]; Tobias JA at [24]; McColl JA at [28]
EX TEMPORE JUDGMENT DATE: 6 July 2010
DECISION: Appeal dismissed with costs.
CATCHWORDS: WORKERS COMPENSATION – Appeal from decision of Presidential Member – Point of law – Reliance on medical opinion allegedly unsupported by reasons – Whether opinion inadmissible or of no rational probative value – Whether error of law in deficiency of reasons of Presidential Member.
LEGISLATION CITED: Workplace Injury Management and Workers Compensation Act 1998 ss 352, 253, 354
CATEGORY: Principal judgment
CASES CITED: Adler v ASIC [2003] NSWCA 131; (2003) 179 FLR 1
Makita (Australia) Pty Limited v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705
Paino v Paino [2008] NSWCA 276
Republic of Croatia v Sneddon [2010] HCA 14
State Transit Authority of New South Wales v Chemler [2007] NSWCA 249
Sydneywide Distributors Pty Limited v Red Bull Australia Pty Limited [2002] FCAFC 157, (2002) 55 IPR 354
Watson v Qantas Airways Limited [2009] NSWCA 322
PARTIES: BRAMBLES INDUSTRIES LTD (Appellant)
Timothy BELL (First Respondent)
Justine Peta MORRISON and Paul MORRISON t/as MORRISON RECRUITMENT (Second Respondent)
FILE NUMBER(S): CA 2009/298553
COUNSEL: L KING SC/ G BEAUCHAMP (Appellant)
Ms E WOOD (First Respondent)
M BEST (Second Respondent)
SOLICITORS: HWL Ebsworth (Appellant)
Devine Ens Lawyers (First Respondent)
Gillis Delaney (Second Respondent)
LOWER COURT JURISDICTION: Compensation Court
LOWER COURT FILE NUMBER(S): WCC A1-8807/08
LOWER COURT JUDICIAL OFFICER: Deputy President Kevin O'Grady
LOWER COURT DATE OF DECISION: 17 September 2009
LOWER COURT MEDIUM NEUTRAL CITATION: Brambles Industries Limited v Bell and Anor [2009] NSWWCCPD 115


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                          2009/298553

                          HODGSON JA
                          TOBIAS JA
                          McCOLL JA

                          Tuesday 6 JULY 2010
BRAMBLES INDUSTRIES LIMITED v Timothy BELL and Anor
Judgment

1 HODGSON JA: On 17 September 2009, Deputy President O’Grady of the Workers Compensation Commission (the Commission) confirmed a determination of an Arbitrator of the Commission to the effect that the appellant (Brambles) was, and the second respondent (Morrison) was not, liable to pay workers compensation to the first respondent (the worker).

2 Brambles appeals from that decision. Such an appeal lies only where a party is aggrieved by a decision of a Presidential Member in point of law: Workplace Injury Management and Workers Compensation Act 1998, (WIM Act) s 353(1). Leave is not required in this case.

3 I will outline the circumstances giving rise to the appeal.

4 In June 2000, the worker commenced employment with Brambles as a truck driver. On 20 January 2003, the worker suffered an injury to his back when moving a heavy bin. He reported the injury and sought treatment from his general practitioner. It appears he lost no time from work, but he did for some time perform suitable duties in the Brambles office. He then returned to his pre-injury duties.

5 The worker suffered three recurrences of his…

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Brambles Industries Ltd v Bell [2010] NSWCA 162
Case
[2010] NSWCA 162
Decision Date

CaseChat Overview and Summary

The appeal concerned a decision of a Presidential Member of the Workers Compensation Commission, brought before the Court of Appeal of New South Wales by Brambles Industries Ltd. The central dispute revolved around the admissibility and probative value of a medical opinion relied upon by the Presidential Member in determining a workers' compensation claim. Brambles argued that the medical opinion lacked sufficient reasons, rendering it inadmissible or devoid of any rational probative value, and that the Presidential Member erred in law by accepting it.

The Court of Appeal was required to determine two primary legal issues. Firstly, whether a medical opinion, which allegedly lacked adequate reasons, was admissible in evidence before the Workers Compensation Commission. Secondly, the Court had to consider whether the Presidential Member committed an error of law by relying on such an opinion, specifically whether the deficiency in the opinion's reasons meant it had no rational probative value and therefore could not form the basis of the decision.

In its reasoning, the Court of Appeal affirmed that the admissibility of a medical report in workers' compensation proceedings is governed by the relevant legislation, which permits the admission of such reports even if they do not contain the detailed reasons that might be expected in other contexts. The Court held that the question was not one of admissibility but rather of the weight to be given to the opinion. It found that the Presidential Member had not erred in law by accepting the medical opinion, as the opinion, despite its brevity, did provide some basis for the conclusions reached and therefore possessed rational probative value. The Court distinguished between a complete absence of reasons and a deficiency in the detail of those reasons, concluding that the latter did not automatically render the opinion valueless.

The appeal was accordingly dismissed, and Brambles Industries Ltd was ordered to pay the costs of the proceedings.

Orders

Orders of the court

Appeal dismissed with costs.

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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