BTV v CKV

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

BTV v CKV [2024] NSWPIC 358

APPLICANT:

BTV

RESPONDENT:

CKV

MEMBER:

John Turner

DATE OF DECISION:

19 July 2024

CATCHWORDS:

WORKERS COMPENSATION - Workers Compensation Act 1987; sections 4, 11A(1) and (3), 36, 37, 38 and 60; psychological injury; injury disputed; section 11A(1) defence that injury wholly or predominantly caused by reasonable action taken or proposed to be taken by the respondent with respect to discipline; Kooragang Cement Pty Ltd v Bates, Attorney General’s Department v K, AV v AW, Ariton Mitic v Rail Corporation of NSW, Jackson v Work Directions Australia Pty Ltd, Ponnan v George Weston Foods Ltd, and Manly Pacific International Hotel Pty Ltd v Doyle considered and applied; Held – applicant sustained a psychological injury arising out of or in the course of her employment; applicant’s employment was the main contributing factor to the psychological injury; applicant’s injury was not wholly or predominantly caused by reasonable action taken or proposed to be taken by or on behalf of the respondent in respect to discipline; applicant has had no current work capacity to date.

DETERMINATIONS MADE:

The Commission determines:

1.     By consent the name of the respondent is amended by inserting “Pty Limited” after “Services”.

2.     The applicant sustained a psychological injury arising out of or in the course of her employment on the deemed date of 17 March 2021.

3.     The applicant’s employment was the main contributing factor to the psychological injury.

4.     The applicant’s injury was not wholly or predominantly caused by reasonable action taken or proposed to be taken by or on behalf of the respondent in respect to discipline.

5.     The applicant has had no current work capacity from 17 March 2021 to date and has no current work capacity.

6.     The respondent is ordered to pay the applicant the following:

(a) $943.22 per week ($992.86 x .95) from 17 March 2021 to 31 March 2021 pursuant to s 36 of the Workers Compensation Act 1987 (the 1987 Act);

(b) $969 per week ($1,020 x .95) from 1 April 2021 to 15 June 2021 pursuant to s 36 of the 1987 Act;

(c) $816 per week ($1,020 x .80) from 16 June 2021 to 30 September 2021 pursuant to s 37 of the 1987 Act;

(d) $824 per week ($1,030 x .80) from 1 October 2021 to 31 March 2022 pursuant to s 37 of the 1987 Act;

(e) $840 per week ($1,050 x .80) from 1 April 2022 to 30 September 2022 pursuant to s 37 of the 1987 Act;

(f) $872 per week ($1,090 x .80) from 1 October 2022 to 31 March 2023 pursuant to s 37 of the 1987 Act;

(g) $912 per week ($1,140 x .80) from 1 April 2023 to 12 September 2023 pursuant to s 37 of the 1987 Act;

(h) $912 per week ($1,040 x .80) from 13 September 2023 to 30 September 2023 pursuant to s 38 of the 1987…