Burton v Workers' Compensation Regulator

Case [2021] QIRC 437


QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Burton v Workers' Compensation Regulator [2021] QIRC 437

PARTIES:

Burton, Evan Gilbert

(Appellant)

v

Workers' Compensation Regulator

(Respondent)

CASE NO.:

WC/2017/193

PROCEEDING:

Appeal against decision of the Workers' Compensation Regulator

DELIVERED ON:

24 December 2021

HEARING DATES: 

3, 4, 5 and 6 August 2020

DATES OF WRITTEN

SUBMISSIONS:

Respondent's written submissions filed on 23 February 2021 and Appellant's written submissions filed on 16 March 2021

MEMBER:

HEARD AT:

Merrell DP

Brisbane

ORDERS:

1. Pursuant to s 558(1)(a) of the Workers' Compensation and Rehabilitation Act 2003, the review decision of the Respondent dated 14 September 2017 is confirmed.

2.    Pursuant to r 41(1) of the Industrial Relations (Tribunals) Rules 2011:

(a)     the parties are to exchange and file written submissions on the costs of the hearing (of no more than two (2) pages, 12‑point font size, line and a‑half spacing with numbered paragraphs and pages) by 4.00 pm on Friday, 21 January 2022; and

(b)     unless otherwise ordered, the decision on costs be determined on the papers.

CATCHWORDS:

WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - appeal against review decision of respondent - appellant employed as an auto electrician - appellant diagnosed with the injury of cervical spondylosis - allegation that when completing tasks, appellant was required to spend the majority of his time with his neck in a marked cervical flexion and in a static flexion position - whether appellant was required to spend majority of his work time with his neck in a marked cervical flexion and in a static flexion position - whether appellant's cervical spondylosis arose out of, or in the course of, his employment - whether any aggravation of appellant's cervical spondylosis arose out of, or in the course of, his employment - whether employment was a significant contributing factor to injury or aggravation - appellant's personal injury did not arise out of, or in the course of, his employment and his employment was not a significant contributing factor to his injury - appellant did not suffer an aggravation of his personal injury which arose out of, or in the course of, his employment - review decision of respondent confirmed

LEGISLATION:

Workers' Compensation and Rehabilitation Act 2003, s 32 and s 558

CASES:

Avis v WorkCover Queensland [2000] QIC 67; (2000) 165 QGIG 788

Church v Simon Blackwood (Workers' Compensation Regulator) [2015] ICQ 031; (2015) 252 IR 461

Heald v Q-Comp [2004] QIC 74; (2004) 177 QGIG 769

JBS Australia Pty Ltd v Q-COMP [2013] ICQ 13

Kavanagh v The Commonwealth [1960] HCA 25; (1960) 103 CLR 547

Newberry v Suncorp Metway Insurance Ltd [2006] QCA 48; (2006) 1 Qd R 519

Omanski v Q-Comp [2013] ICQ 7

Ribeiro v Workers' Compensation Regulator [2019] QIRC 203

Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; (2000) 49 NSWLR 262

Simon Blackwood (Workers' Compensation Regulator) v Civeo Pty Ltd and Anor [2016] ICQ 001

State of Queensland (Queensland Health) v Q‑Comp and Beverley Coyne [2003] ICQ 9; (2003)…

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AGLC
Burton v Workers' Compensation Regulator [2021] QIRC 437
Case
[2021] QIRC 437
Decision Date

CaseChat Overview and Summary

Burton commenced proceedings in the Industrial Division of the Supreme Court of Queensland seeking a review of a decision of the Workers' Compensation Regulator, which had rejected his claim for workers' compensation. Burton, an auto electrician, sought compensation for a cervical spondylosis injury, which he alleged arose out of and in the course of his employment. Burton argued that his employment required him to maintain his neck in a marked cervical flexion and static flexion position for the majority of his working hours. The Workers' Compensation Regulator rejected Burton's claim on the basis that his injury did not arise out of, or in the course of, his employment and that his employment was not a significant contributing factor to his injury. Burton sought to appeal the Regulator's decision.

The primary legal issue before the court was whether Burton's cervical spondylosis arose out of, or in the course of, his employment as an auto electrician and whether his employment was a significant contributing factor to his injury. The court also considered whether Burton suffered an aggravation of his personal injury which arose out of, or in the course of, his employment. The court was required to determine whether the evidence established that Burton's employment required him to spend the majority of his time with his neck in a marked cervical flexion and static flexion position, and whether such employment practices were a significant contributing factor to his injury.

The court found that Burton had failed to establish that his employment required him to spend the majority of his time with his neck in a marked cervical flexion and static flexion position. The court found that the evidence did not establish that Burton's employment was a significant contributing factor to his injury, and that Burton did not suffer an aggravation of his personal injury which arose out of, or in the course of, his employment. The court concluded that the decision of the Workers' Compensation Regulator was correct and confirmed the review decision. The court ordered that the parties exchange and file written submissions on the costs of the hearing by 4.00 pm on Friday, 21 January 2022, and that the decision on costs be determined on the papers.

Orders

Orders of the court

1. Pursuant to s 558(1)(a) of the Workers' Compensation and Rehabilitation Act 2003, the review decision of the Respondent dated 14 September 2017 is confirmed.

2. Pursuant to r 41(1) of the Industrial Relations (Tribunals) Rules 2011:

(a) the parties are to exchange and file written submissions on the costs of the hearing (of no more than two (2) pages, 12‑point font size, line and a‑half spacing with numbered paragraphs and pages) by 4.00 pm on Friday, 21 January 2022; and

(b) unless otherwise ordered, the decision on costs be determined on the papers.

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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