Chelin v Rock Logistics Pty Ltd

[2023] NSWPIC 241

CERTIFICATE OF DETERMINATION OF MEMBER
Citation:	Chelin v Rock Logistics Pty Ltd [2023] NSWPIC 241
APPLICANT:	Noel Chelin
RESPONDENT:	Rock Logistics Pty Ltd
Member:	Karen Garner
DATE OF DECISION:	25 May 2023
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; psychological injury; dispute as to whether psychological injury caused by respondent’s actions in relation to requirement for vaccination for COVID-19; further issue of whether respondent established defence under section 11A; claim for weekly benefits compensation and medical expenses; whether applicant has current work capacity; Held – the applicant sustained psychological injury arising out of or in the course of employment; the applicant’s employment was both a substantial contributing factor to the injury and the main contributing factor to the aggravation of disease; the respondent has not established a defence under section 11A; the applicant has no current work capacity from 28 August 2021; the applicant had current work capacity from 13 December 2021 ongoing; the respondent is to pay the applicant weekly compensation pursuant to sections 33, 36 and 37; the respondent is to pay the applicant’s medical and related expenses on production of accounts, receipts and/or Medicare Notice of Charge pursuant to section 60.
determinations made:

The Commission determines:

1. The applicant sustained psychological injury arising out of or in the course of his employment with the respondent on 28 August 2021.

2. The applicant’s employment with the respondent was both a substantial contributing factor to the injury and the main contributing factor to the aggravation of disease.

3. The respondent has not established a defence pursuant to s 11A of the Workers Compensation Act 1987.

4. The psychiatric and psychological treatment provided to the applicant is reasonably necessary as a result of psychological injury sustained on 28 August 2021.

5. The applicant had no current work capacity as a result of the psychological injury from
   28 August 2021 to 12 December 2021 and had current work capacity from 13 December 2021 ongoing.

The Commission orders:

1. The respondent to pay the applicant weekly compensation pursuant to ss 33 and 36 of the Workers Compensation Act 1987 as follows:

   (a)    $1,481.08 per week from 28 August 2021 to 13 November 2021;

   (b)    $691.28 per week from 14 November 2021 to 20 November 2021, and

   (c)    $1,181.28 per week from 21 November 2021 to 27 November 2021.

2. The respondent to pay the applicant weekly compensation pursuant to ss 33 and 37 of the Workers Compensation Act 1987 as follows:

   (a)    $540.00 per week from 28 November 2021 to 4 December 2021;

   (b)    $1,247.39 per week from 5 December 2021 to 11 December 2021;

   (c)    $787.39 per week from 12 December 2021 to 18 December 2021;

   (d)    $797.39 per week from 19 December 2021 to 25 December 2021;

   (e)    $1,247.39 per week from 26 December 2021 to 1 January 2022;

   (f)    $0 per week from 2 January 2022 to 8 January 2022;

   (g)    $847.39 per week from 9 January 2022 to 15 January 2022;

   (h)    $687.39 per week from 16 January 2022 to 22 January…