Cheers v MidCoast Council - [2021] NSWPIC 447

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Cheers v MidCoast Council [2021] NSWPIC 447
APPLICANT:	Paul Cheers
RESPONDENT:	MidCoast Council
MEMBER:	Jacqueline Snell
DATE OF DECISION:	9 November 2021
CATCHWORDS:	WORKERS COMPENSATION - Claim for weekly compensation and medical treatment expenses resulting from primary psychological injury sustained in the course of employment with the respondent; defence raised under section 11A(1) of the Workers Compensation Act 1987 (1987 Act) relevant to discipline, transfer and/or performance appraisal; Held – the applicant’s psychological injury was not wholly or predominantly caused by reasonable action taken by the respondent with respect to discipline, transfer and/or performance appraisal; the applicant has an entitlement to weekly compensation payable under section 36 and section 37 of the 1987 Act and the applicant has an entitlement to medical expenses payable under section 60 of the 1987 Act.
DETERMINATIONS MADE:	1. By consent the Application to Resolve a Dispute is amended to claim medical or related treatment on a general order basis. 2. The applicant’s psychological injury was not wholly or predominantly caused by reasonable action taken by the respondent with respect to transfer, performance appraisal and/or discipline. 3. The applicant has had no current capacity for work since 1 December 2020 due to psychological injury. 4. The respondent is to pay weekly benefits to the applicant from 1 December 2020 to 2 March 2021 under s 36 of the Workers Compensation Act 1987 at the rate of $1,113.80. 5. The respondent is to pay weekly benefits to the applicant from 3 March 2021 to date and continuing under s 37 of the Workers Compensation Act 1987 at the rate of $937.94 (as adjusted). 6. The applicant requires medical or related treatment as result of the psychological injury he has sustained. The respondent is to pay the applicant’s medical or related treatment in accordance with s 60 of the Workers Compensation Act 1987.

STATEMENT OF REASONS

BACKGROUND

The applicant, Paul Cheers (Mr Cheers) is currently 52 years of age. He was employed by the respondent, MidCoast Council (MidCoast) for 15 years, initially working in Roads and Construction, and subsequently working in Parks and Garden. Mr Cheers last worked with MidCoast in late November 2020 and his employment with MidCoast has since been terminated.
It is not disputed Mr Cheers sustained primary psychological injury in the course of his employment with MidCoast, with a deemed date of injury of 1 December 2020.
In these proceedings, Mr Cheers claims weekly benefits payable under s 36 and s 37 of the Workers Compensation Act 1987 (1987 Act) from 1 December 2020 to date and continuing and medical or related treatment payable under s 60 of the 1987 Act on a general order basis.
Mr Cheers’ claim for compensation is declined and he was issued notice dated 15 February 2021[1] in accordance with s 78 of the Workplace Injury Management and Workers Compensation Act 1998. In disputing Mr Cheers’ claim, defence was raised under s 11A(1) of the 1987 Act relevant to transfer,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Cheers v MidCoast Council

Details

AGLC: Cheers v MidCoast Council [2021] NSWPIC 447
Case: [2021] NSWPIC 447
Decision Date: 9 November 2021

CaseChat Overview and Summary

The applicant, Cheers, filed a claim against the MidCoast Council for weekly compensation and medical treatment expenses, asserting that the injuries were a result of primary psychological trauma sustained during employment with the respondent. The MidCoast Council defended the claim by invoking section 11A(1) of the Workers Compensation Act 1987, which pertains to actions taken regarding discipline, transfer, or performance appraisal. The case was heard in a relevant Australian court, which was tasked with determining whether the applicant's psychological injury was predominantly caused by reasonable actions taken by the MidCoast Council.

The primary legal issue the court had to address was whether Cheers' psychological injury was primarily caused by reasonable actions taken by the MidCoast Council concerning discipline, transfer, or performance appraisal. This required the court to examine the nature of the actions taken by the Council and assess whether they were reasonable under the circumstances. The court also needed to determine if Cheers' injury was predominantly caused by these actions, which would negate his entitlement to compensation and medical expenses under the 1987 Act.

In its reasoning, the court found that Cheers' psychological injury was not wholly or predominantly caused by reasonable actions taken by the MidCoast Council. The court carefully examined the evidence and determined that the actions taken by the Council were reasonable and did not predominantly contribute to Cheers' psychological injury. Consequently, the court held that Cheers was entitled to weekly compensation under sections 36 and 37 of the 1987 Act, as well as medical expenses under section 60 of the 1987 Act. The court concluded that the applicant was not barred from recovering compensation and expenses due to the actions of the respondent.

The court ordered that Cheers was entitled to receive weekly compensation and medical treatment expenses. This decision affirmed that the psychological injury sustained by Cheers was not predominantly caused by the reasonable actions of the MidCoast Council and that Cheers was eligible for the compensation and expenses as outlined in the Workers Compensation Act 1987.

Orders