Burgess v Precise Timbers Pty Ltd

Burgess, a former employee of Precise Timbers Pty Ltd, appealed a determination by the Workers' Compensation Commissioner dismissing his claim for workers' compensation. The Commissioner's decision was based on his finding that Burgess had not proved on the balance of probabilities that his injury occurred in the course of his employment with Precise Timbers Pty Ltd. Burgess argued that the Commissioner erred in law by failing to find that the employer had the onus of proving that the injury did not occur in the course of employment, and by failing to refer the matter to a medical board for assessment. The Supreme Court of Tasmania held that the Commissioner erred in law by not recognising that the employer and insurer had the onus of proof and that the appeal should be remitted to the Commissioner for rehearing. The court found that the Commissioner's decision to dismiss the claim for failure to discharge an onus of proof was inappropriate given the inquisitorial nature of the proceedings before the Commissioner. The Commissioner had the power to refer matters to Medical Boards and to call for reports and investigations, and should have pursued these avenues of enquiry before dismissing the claim.