Carr v Workers' Compensation Regulator

Case [2022] QIRC 59


QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Carr v Workers' Compensation Regulator [2022] QIRC 059

PARTIES:

Carr, Donna Noreen
Appellant

v

Workers' Compensation Regulator
Respondent

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
Respondent's submissions, 14 December 2021
The Appellant did not file any reply submissions

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

Sabo v Q–COMP [2010] ICQ 47

Seltsam Pty Ltd v McGuiness (2000) 49 NSWLR 262

State of Queensland (Department of Agriculture and Fisheries) v Workers' Compensation Regulator [2020] QIRC 097

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

Workers' Compensation Regulator v Langerak [2020] ICQ 2

Workers' Compensation Regulator v Queensland Nurses and Midwives' Union of Employees (No 2) [2021] ICQ 13

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

  1. 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 case of Carr v Workers' Compensation Regulator involves an appeal by the Appellant against the decision of the Workers' Compensation Regulator, who denied the Appellant's claim for workers' compensation. The Appellant, who was employed as a paramedic, alleged that he sustained a psychological injury due to the nature of his employment and sought compensation under the Workers' Compensation and Rehabilitation Act 2003 (Qld). The primary issue before the court was to determine whether the psychological injury arose out of or in the course of employment, and if employment was the major significant contributing factor to the injury. Additionally, the court had to consider whether the psychological injury arose out of or in the course of reasonable management action taken in a reasonable way.

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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