QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | |
PARTIES: | Carr, Donna Noreen v Workers' Compensation Regulator |
CASE NO: | WC/2021/4 |
PROCEEDING: | Appeal against a decision of the Workers' Compensation Regulator |
DELIVERED ON: | 1 March 2022 |
HEARING DATES: | 6 October 2021 and 7 October 2021 |
| DATES OF WRITTEN CLOSING SUBMISSIONS: MEMBER: HEARD AT: | Appellant's submissions, 10 November 2021 McLennan IC Brisbane |
ORDERS: | 1. The appeal is allowed. 2. The decision of the Respondent of 4 December 2020, as set out in the correspondence dated 18 December 2020, is set aside. 3. The Appellant's application for compensation under the Workers' Compensation and Rehabilitation Act 2003 (Qld) is accepted. 4. The Respondent is to pay the Appellant's costs of the hearing, to be agreed or, failing agreement, to be subject to a further application to the Commission. |
| CATCHWORDS: | WORKERS' COMPENSATION – APPEAL AGAINST DECISION OF WORKERS' COMPENSATION REGULATOR – consideration of the date a psychological / psychiatric injury was sustained – whether the psychological /psychiatric injury arose out of or in the course of employment – whether employment was the major significant contributing factor to psychological / psychiatric injury – whether psychological / psychiatric injury arose out of, or in the course of reasonable management action taken in a reasonable way |
LEGISLATION: CASES: | Industrial Relations Act 2016 (Qld) s 545 Workers' Compensation and Rehabilitation Act 2003 (Qld) s 11, s 32, s 558 Workers' Compensation and Rehabilitation Regulation 2014 (Qld) s 132 Allwood v Workers' Compensation Regulator [2017] QIRC 88 Blackwood v Mahaffey [2016] ICQ 10 Church v Simon Blackwood (Workers' Compensation Regulator) [2015] ICQ 031 Davidson v Blackwood [2014] ICQ 008 Davis v Blackwood [2014] ICQ 009 Delaney v Q–COMP Review Unit (2005) 178 QGIG 197 Hardy v Simon Blackwood (Workers' Compensation Regulator) [2015] QIRC 027 Kavanagh v Commonwealth (1960) 103 CLR 547 Keen v Workers' Rehabilitation and Compensation Corporation (1998) 71 SASR 42 Lawton v Simon Blackwood (Workers' Compensation Regulator) [2015] QIRC 99 Prizeman v Q–COMP (2005) 180 QGIG 481 Q-COMP v Hohn (2008) 187 QGIG 139 Read v Workers' Compensation Regulator [2017] QIRC 072 Ribeiro v Workers' Compensation Regulator [2019] QIRC 203 Seltsam Pty Ltd v McGuiness (2000) 49 NSWLR 262 State of Queensland (Queensland Health) v Q–Comp and Beverley Coyne (2003) 172 QGIG 1447 Tuesley v Workers' Compensation Regulator [2021] QIRC 071 Waugh vSimon Blackwood (Workers' Compensation Regulator) [2015] ICQ 028 WorkCover Queensland v Kehl (2002) 170 QGIG 93 |
| APPEARANCES: | Mr C D Watters of counsel instructed by My Work Rights Industrial Advocates for the Appellant. Ms L Willson of counsel, directly instructed by the Respondent. |
Reasons for Decision
Ms Donna Carr got her…
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- AGLC
- Carr v Workers' Compensation Regulator [2022] QIRC 59
- Case
- [2022] QIRC 59
- Decision Date
CaseChat Overview and Summary
The court reviewed the evidence provided and examined the criteria set out in the Workers' Compensation and Rehabilitation Act 2003 (Qld). It was determined that the Appellant's psychological injury did indeed arise out of or in the course of employment and that employment was the major significant contributing factor. The court also found that the injury did not arise out of or in the course of reasonable management action taken in a reasonable way. Based on these findings, the court concluded that the Appellant was entitled to compensation.
The appeal was allowed, and the decision of the Workers' Compensation Regulator dated 4 December 2020 was set aside. The Appellant's application for compensation was accepted, and the Respondent was ordered to pay the Appellant's costs of the hearing. The costs were to be agreed upon by the parties, or if agreement could not be reached, a further application to the Commission would be made.
Orders
Orders of the court
1. The appeal is allowed.
2. The decision of the Respondent of 4 December 2020, as set out in the correspondence dated 18 December 2020, is set aside.
3. The Appellant's application for compensation under the Workers' Compensation and Rehabilitation Act 2003 (Qld) is accepted.
4. The Respondent is to pay the Appellant's costs of the hearing, to be agreed or, failing agreement, to be subject to a further application to the Commission.
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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