WORKERS COMPENSATION COMMISSION
DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR
Reported Decision: Conargo Shire Council v Quor (2007) 6 DDCR 506
CITATION:Conargo Shire Council v Quor [2007] NSWWCCPD 245
APPELLANT: Conargo Shire Council
RESPONDENT: Mark Anthony Quor
INSURER:Statecover Mutual Limited
FILE NUMBER: WCC18278-06
DATE OF ARBITRATOR’S DECISION: 26 September 2007
DATE OF APPEAL DECISION: 14 December 2007
SUBJECT MATTER OF DECISION: Section 329 of the Workplace Injury Management and Workers Compensation Act 1998; reasons; denial of procedural fairness
PRESIDENTIAL MEMBER: Deputy President Bill Roche
HEARING:On the papers
REPRESENTATION: Appellant: Bartier Perry
Respondent: White Barnes
ORDERS MADE ON APPEAL: Paragraphs one, two and four of the Arbitrator’s determination of 26 September 2007 are confirmed.
Paragraph three of the Arbitrator’s determination of 26 September 2007 is revoked and the assessment of the Respondent Worker’s entitlement to compensation under section 67 of the Workers Compensation Act 1987 Act is remitted to a different Arbitrator for re-determination.
The Appellant Employer is to pay the Respondent Worker’s costs of the appeal.
BACKGROUND TO THE APPEAL
Mark Quor (‘the Respondent Worker’) started work with Windooran Shire Council in November 1994 and then with Conargo Shire Council (‘the Council/Appellant Employer’) in 2001, when the two councils amalgamated. He initially worked for the Appellant Employer as a loader driver for 12 months and then as a water cart driver.
On 23 February 2004 Mr Quor injured his back when he lifted a roller tyre onto the work utility in the course of his employment with the Council. The incident was reported but Mr Quor remained at work. He was off work on 26 February 2004 and saw his general practitioner, Dr Paul, on 27 February 2004. Dr Paul declared him to be unfit for work until 2 March 2004 when he declared him fit for modified duties for four hours per day five days per week lifting up to “10-15 kilos, walking up to one hour, sitting up to one hour, standing up to one hour, travelling up to one hour’. Mr Quor was also to avoid bending his spine and to have a 10-minute break every hour. He had chiropractic treatment on 5 and 10 March 2004. He saw Dr Paul on 12 March 2004 when he was working three days per week.
A CT scan on 19 March 2004 (referred to by Dr Isbister in his report of 8 August 2006, page five) revealed Mr Quor to have a bulge at the L5/S1 level of his spine.
Having further problems, Mr Quor again saw Dr Paul on 26 March 2004 when he was declared fit for “six hours duties on alternate days with same restrictions as per the last certificate”.
In late March 2004 Mr Quor was required to attend a training course as part of his duties. What then unfolded has assumed some significance in the matter and is set out at paragraphs 15 to 21 of his statement of 16 June 2004 where he said:
“15.On…
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- Case
- [2007] NSWWCCPD 245
- Decision Date
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