Bulga Coal Management Pty Ltd v Sager

In *Bulga Coal Management Pty Ltd v Sager*, the Supreme Court of New South Wales considered an appeal from a decision of the Workers Compensation Appeal Court. The dispute concerned a claim for workers' compensation for a psychological injury allegedly suffered by the respondent, Mr. Sager, who was employed by the appellant, Bulga Coal Management Pty Ltd.

The primary legal issue before the Court was whether Mr. Sager's employment was a "substantial contributing factor" to his psychological injury, as required by section 11A of the *Workers Compensation Act 1987* (NSW). This involved determining the meaning of the word "substantial" in this context and whether the Workers Compensation Appeal Court had correctly applied the provisions of section 11A(5) of the Act, which deals with the employer's defence where the injury resulted from reasonable management action taken in a reasonable way.

The Court affirmed that "substantial" in section 11A means a significant or real contributing cause, not necessarily the sole or predominant cause. It found that the Workers Compensation Appeal Court had correctly applied the principles of section 11A, including the consideration of reasonable management action. The appeal was therefore dismissed.