Carey v BGIS Pty Ltd

[2025] NSWPIC 343

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Carey v BGIS Pty Ltd [2025] NSWPIC 343

APPLICANT:

Darren Carey

RESPONDENT:

BGIS Pty Ltd

MEMBER:

Kathryn Camp

DATE OF DECISION:

17 July 2025

CATCHWORDS:

WORKERS COMPENSATION - Workers Compensation Act 1987; claim for weekly benefits and medical expenses for accepted psychological injury; section 11A(1) defence; action taken with respect of discipline and/or dismissal; wholly or predominantly caused by reasonable action; culmination of a series of events rather than a single event or action; absence of critical evidence and explanation as to causation; duty to discharge onus of proof; Hamad v Q Catering Limited; Nguyen v Cosmopolitan Homes considered and applied; Held – respondent failed to discharge its onus of establishing a defence under section 11A(1); award for the applicant for weekly benefits and medical expenses.

DETERMINATIONS MADE:

The Commission determines:

1. The accepted aggravation of the applicant’s psychological injury was not wholly or predominantly caused by reasonable action taken or proposed to be taken by or on behalf of the respondent with respect to discipline and/or dismissal for the purposes of s 11A(1) of the Workers Compensation Act 1987.

2.     The applicant is entitled to compensation for his accepted psychological injury.

3.     The applicant’s pre-injury average weekly earnings were agreed at $1,271.86 (as indexed periodically).

4.     The applicant has been incapacitated as a result of the injury for the period from 16 May 2024.

The Commission orders:

1. The respondent is to pay the applicant weekly compensation pursuant to s 37 of the Workers Compensation Act 1987 as follows:

(a)  for the period 16 May 2024 to 30 September 2024, at the rate of $1,035.70 per week;

(b)  for the period 1 October 2024 to 31 March 2025, at the rate of $1,056.21 per week, and

(c)   for the period 1 April 2024 to date and continuing, at the rate of $1,060.75 per week (and as indexed periodically).

2. Liberty to apply in respect of the quantum of weekly payments in order [1].

3. The respondent is to pay the applicant’s reasonably necessary medical and related treatment expenses in accordance with s 60 if the Workers Compensation Act 1987 on production of accounts, receipts and/or Medicare notice of charge.

STATEMENT OF REASONS

INTRODUCTION

1. This matter concerns a claim for weekly payments of compensation and medical expenses in respect of an accepted psychological injury, but where the respondent employer relies on a defence pursuant to s 11A of the Workers Compensation Act 1987 (1987 Act). In particular, the respondent contends that the accepted injury was wholly or predominately caused by reasonable action taken or proposed to be taken with respect to discipline and/or dismissal.

2. For the reasons discussed below, the worker’s claim for compensation is successful.

BACKGROUND

1. In 2016 the applicant, Darren Carey, commenced work for the respondent, BIGS Pty Ltd, as a Range Area and Training Operator. He was responsible for overseeing a range of duties, involving firing ranges and safe airspace, together with enforcing rules and regulations.

2. It is accepted…