Chubb Security Australia Pty Ltd v Annette Treverrow

APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR
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STATUS: Confirmed by Appeal: Chubb Security Australia Pty Ltd v Treverrow [2004] NSWCA 344, (2006) 5 DDCR 1

CITATION:

Chubb Security Australia Pty Ltd v Annette Treverrow
[2003] NSW WCC PD 17

APPELLANT:

Chubb Security Australia Pty Ltd

RESPONDENT:

Annette Treverrow

INSURER:

NRMA Workers Compensation (NSW) Pty Ltd

FILE NO:

WCC2411-2002

DATE OF DECISION:

20 June, 2003

PRESIDENTIAL MEMBER:

Deputy President, Gary Byron

DECISION UNDER APPEAL:

Decision by Arbitrator that the Respondent employer pay to the Applicant worker, compensation by way of weekly payments.  Injury arising out of or in the course of employment; whether employment is a substantial contributing factor; error of law; failure to provide reasons; determination of weekly wage rate; incapacity not continuing; determination of expenses not made pursuant to s 60 WCA.

DATE OF DECISION UNDER APPEAL:

22 January, 2003

HEARING:

16 April, 2003

REPRESENTATION:

Appellant:  Mr. M. Adamo, instructed by Turks Legal

Respondent: Mr. B. Batchelor, instructed by Bale Boshev Lawyers

ORDERS MADE ON APPEAL:

The decision by the Arbitrator as to total and partial incapacity for work is revoked and the following decision is substituted:

The Appellant is to pay to the Respondent Worker, weekly compensation at the rates to be determined according to law, for a period of total incapacity from 11 October, 2001 to 11 February, 2002, and thereafter, for periods of total or partial incapacity on presentation of appropriate medical certificates, up to 15 October, 2002.

The purported decision of the Arbitrator concerning the calculation and determination of the amounts of compensation payable to the Respondent Worker is not a valid decision and the matter is referred to the Registrar for return to the Arbitrator, for a decision to be made by her, according to law.

No order is made as to costs.

THE APPEAL

1. On 19 February, 2003, Chubb Security Australia Pty Ltd, the Respondent in the proceedings before the Arbitrator, (“the Appellant”), lodged an appeal with the Workers Compensation Commission (“the Commission”) against a decision of the Arbitrator, dated 22 January, 2003. The Arbitrator had decided that the Appellant should pay compensation to the Applicant (“the Respondent Worker”), pursuant to section 36 of the Workers Compensation Act 1987 (“the 1987 Act”) at the rate of $495.80 per week from 11 October, 2001 to 23 March, 2002 and thereafter at the statutory rate as prescribed under the the 1987 Act, on presentation of appropriate medical certificates.

2. The issues in dispute before the Arbitrator were summarised by the Arbitrator, at paragraph 6 of her decision, as follows:

   ·Did the Applicant receive an injury arising out of or in the course of her employment? (WCA s 9)

   ·Was the Applicant’s employment a substantial contributing factor to her injury? (WCA s 9A)

   ·Was the Applicant totally or partially incapacitated for work as a result of her injuries? (WCA s 33)

   ·For what period was the Applicant totally incapacitated? (WCA ss 36 and 37)

   ·For what period was…