Calder v Simon Blackwood (Workers' Compensation Regulator)

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

Calder v Simon Blackwood (Workers' Compensation Regulator) [2014] QIRC 101

PARTIES:  

Lisa Calder
(appellant)

v

Simon Blackwood (Workers' Compensation Regulator)
(respondent)

CASE NO:

WC/2012/115

PROCEEDING:

Appeal against decision of Regulator

DELIVERED ON:

6 June 2014

HEARING DATES: 

2 March, 18–19 November 2013

MEMBER:

Deputy President O'Connor

ORDERS:

1.   The appeal is allowed;

2.   The decision of the respondent is set aside and, in lieu thereof, substituted by a new decision accepting the appellant's application for compensation; and

3.   The respondent is to pay the appellant's costs of and incidental to the appeal to be agreed or, failing agreement, to be the subject of a further application to the Commission.

CATCHWORDS:

WORKERS' COMPENSATION - APPEAL AGAINST DECISION OF REGULATOR - MEANING OF "INJURY" - PSYCHIATRIC OR PSYCHOLOGICAL INJURY - Whether arose out of, or in the course of, employment - Whether employment a significant contributing factor - Whether arose out of, or in the course of, reasonable management action taken in a reasonable way - Where the appellant was diagnosed with post-traumatic stress disorder following exposure to the spittle of an HIV/AIDS patient - Where the appellant argued that her PTSD arose from her reaction to the incident of exposure itself and that her dissatisfaction with the response of her managers was only a secondary concern

CASES:

Workers' Compensation and Rehabilitation Act 2003, s 32

Croning v Workers' Compensation Board of Queensland (1997) 156 QGIG 100
Groos v WorkCover Queensland (2000) 165 QGIG 106
Mercer v ANZ Banking Group (2000) 28 NSWLR 740
Newberry v Suncorp Metway Insurance Ltd [2006] 1 Qd R 519
Pleming v Workers' Compensation Board of Queensland (1996) 152 QGIG 181
Q-COMP v Green (2008) 189 QGIG 747
Q-COMP v Rowe (2009) 191 QGIG 67
University of Tasmania v Cane (1994) 4 Tas R 156

APPEARANCES:

Mr J. Wiltshire, instructed by Shine Lawyers, for the appellant.
Mr S. McLeod for the respondent, directly instructed.

Decision

1. On 17 September 2011, the appellant lodged an application for compensation for post-traumatic stress disorder ("PTSD") arising "from an exposure (contact with AIDS client saliva in my Right eye.)"

2. On 26 October 2011 WorkCover Queensland advised the appellant that it did not accept her application for compensation as it had "deemed that reasonable management action was taken, based on section 32(5) of the Workers' Compensation and Rehabilitation Act 2003 (the Act)". The appellant applied for review on

   
   

   25 January 2012 and, by decision of 8 March 2012, the respondent confirmed the WorkCover's decision.

1. Pursuant to s 550 of the Act the appellant appeals the decision of the respondent to reject her claim for compensation for a psychiatric illness arising out of or in the course of her employment.

1. The appellant was employed by The Corporation of the Diocese of Brisbane ("Spiritus") as a level one registered clinical nurse from August 2009, and was promoted to a level two registered nurse from November 2009.

1. It was not in issue between the parties that the appellant was a…